2010 Fiscal Year H-1B Numbers  –  Second Alert

This announcement shall serve as a second reminder that employers may begin filing new H-1B petitions for the next Fiscal Year on Tuesday, March 31, 2009, for receipt at the USCIS Service Centers on Wednesday, April 1, 2009.  USCIS’ 2010 Fiscal Year begins October 1, 2009.  Last month, we alerted clients to keep in mind that new H-1Bs will be available for those foreign nationals who have not previously held H-1B status within the past six years.  As always, foreign workers who already hold H-1B status in the U.S. are not subject to the annual numerical limits (the “cap”); these include extensions of stay, amendments, and change of employer H-1B petitions (unless the previous employer was a ‘cap-exempt’ entity, such as a university). 

The law allocates 65,000 new H-1B numbers annually to H-1B workers, with another 20,000 set aside specifically for those holding advanced degrees (Master’s degree or higher) earned from U.S. universities.  Last year (2008), the regular H-1B cap was reached within the permissible filing window of the first 5 business days in April, subjecting approximately 160,000 petitions to two computer-generated lotteries.  The 20,000 Master’s exemption H-1B lottery was completed first, followed by the regular H-1B lottery.  Most practitioners believe that the cap will again be reached this year, absent congressional intervention to increase available H-1B numbers and despite the current economy.