ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

The H-1B Visa Blog by Siliato and Malyk

IT'S NOT TOO LATE TO FILE H-1B PETITIONS SUBJECT TO THE CAP!

Rate this Entry

U.S. Citizenship and Immigration Services ("USCIS") issued a press release earlier today that it will continue to accept H-1B nonimmigrant visa petitions subject to the 2010 cap.  Since the initial press release, USCIS has advised that the Service Centers received only HALF of the petitions needed to meet the FY2010 regular cap of 65,000 in the first five business days.  Additionally, USCIS claims to have received "just short" of the 20,000 needed to reach the U.S. master's cap.  This stands in sharp contrast to last year's nearly 130,000 filings under the regular cap and more than 30,000 filings under the U.S. master's cap.  


In past years, both H-1B caps were met within the first days of filing; whereas, this year, USCIS is still accepting petitions beyond the initial five (5) business day filing period. As such, this presents a unique opportunity for employers who opted not to file H-1B petitions for otherwise eligible workers because of the potential for wasted efforts and resources should the petitions not be selected in the anticipated lottery. This is not to say that no such risk exists; however, based upon today's news, it appears there is plenty of availability under the regular cap, as well as a window of opportunity under the U.S. master's cap if you act promptly.


USCIS has advised that it will continue to monitor the number of H-1B petitions received, and will issue an updated press release with a "final receipt date" for both fiscal year 2010 caps. Please note that the final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition is postmarked.


While USCIS has warned that the final receipt date for either cap may predate USCIS' updated press release, to ensure a fair system, it advises that it may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date.


For additional information and frequent updates on a variety of corporate and business-related immigration law issues, please click here to navigate to Meyner and Landis LLP's Corporate Immigration Law News Blog.


Post Authored By: Anthony F. Siliato, Esq. and Scott R. Malyk, Esq. of Meyner and Landis LLP 

Submit "IT'S NOT TOO LATE TO FILE H-1B PETITIONS SUBJECT TO THE CAP!" to Facebook Submit "IT'S NOT TOO LATE TO FILE H-1B PETITIONS SUBJECT TO THE CAP!" to Twitter Submit "IT'S NOT TOO LATE TO FILE H-1B PETITIONS SUBJECT TO THE CAP!" to Google Submit "IT'S NOT TOO LATE TO FILE H-1B PETITIONS SUBJECT TO THE CAP!" to StumbleUpon Submit "IT'S NOT TOO LATE TO FILE H-1B PETITIONS SUBJECT TO THE CAP!" to Reddit Submit "IT'S NOT TOO LATE TO FILE H-1B PETITIONS SUBJECT TO THE CAP!" to Digg Submit "IT'S NOT TOO LATE TO FILE H-1B PETITIONS SUBJECT TO THE CAP!" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. Roger Algase's Avatar
    This article (and USCIS) itself, are dead wrong about the US master degree cap. The 20,000 visas for this purpose are additional to, not instead of, the 65,000 set aside for bachelor degree holders (or the equivalent). The clear language and intent of the law was to give US master degree holders more, not fewer, available visas that in the case of other cap subject H-1B applicants. Therefore, it is not the US master degree category that is almost closed, but the bachelor only caregory, because the 20,000 master degree cases that have so far come in must be counted against the general 65,000 limit along with the 42,000 non - US master degree petitions. See my 04/10 ID letter.
  2. Anthony F. Siliato's Avatar
    Mr. Algase appears to contradict himself in his comment.

    The regular cap for new H-1B visas is 65,000 per fiscal year (less the Free Trade Visas for Chile and Singapore, actually resulting in 58,200 under the regular cap). INA 214(g)(1).

    The regular cap does not apply to persons who have earned a master's or higher degree from a U.S. institution of higher education, until the number of foreign nationals who are exempted from such regular cap exceeds 20,000 for the applicable fiscal year. INA 214(g)(5).

    Once the 20,000 "U.S. master's cap" has been reached, any other foreign nationals who have earned a U.S. advanced degree will be counted against the regular cap.
  3. Wedler's Avatar
    L1 to H1B Visa Transfer without H1B Approval Notice? Here in Happy Schools blog, you can find some imiarnotfon about H1B Visa, F1 Visa and other immigration related articles. All the imiarnotfon here is not professional legal advise. Here was an interesting comment about L1 Visa to H1B Visa transfer with
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: