Finnan, Fleischut & Associates

USCIS Announces FY2010 H-1B Cap Reached

As of yesterday, December 21, 2009, USCIS announced that it had received enough new H-1B petitions to reach the congressionally mandated annual numerical limit (the “H-1B cap”) of 65,000 new H-1Bs for Fiscal Year 2010 (FY10). 

All cap-subject filings received yesterday will now by rule be part of a random computer-generated “lottery”, to be conducted shortly.  Any cases filed yesterday (for receipt at USCIS today), or not selected in this year’s cap lottery, will be rejected and returned, along with applicable filing fees.  Absent congressional action to relieve this problem, the next available date for filing is April 1, 2010, when H-1B numbers become available for FY2011; the requested start date would be October 1, 2010.

As always, change of employer cases and extensions are not counted against the H-1B cap.  Our office will continue to monitor H-1B cap announcements closely.  Please expect subsequent updates when we have more information.