2010 H-1B Petition Season
USCIS begins accepting H-1B petitions subject to the Fiscal Year 2010 (FY 2010) cap on April 1, 2009. Cases are considered accepted on the date that USCIS takes possession of the petition; not the date that the petition is postmarked.
The numerical limitation on H-1B petitions for Fiscal Year 2010 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. masters’ degree or higher are exempt from the fiscal year cap.
USCIS will monitor the number of petitions received and will notify the public of the date USCIS has received the necessary number of petitions to meet the H-1B cap, known as the “final receipt date.” The date USCIS publishes information that the cap has been reached does not control the final receipt date. To ensure a fair system, USCIS will, if needed, randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.
H-1B petitions cannot be filed more than six months in advance of the requested start date. Petitions seeking an H-1B worker for an Oct. 1, 2009 start date can be filed no earlier than April 1, 2009.
Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, employers may continue to file petitions for these exempt H-1B categories seeking work dates starting in FY 2009 or 2010.
Petitions filed on behalf of current H-1B workers who have been counted previously against the cap also do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to:
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Extend the amount of time a current H-1B worker may remain in the United States.
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Change the terms of employment for current H-1B workers.
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Allow current H-1B workers to change employers.
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Allow current H-1B workers to work concurrently in a second H-1B position.
H-1B petitioners should follow all regulatory requirements (8 CFR §214.2) as they prepare petitions to avoid delays in processing and possible requests for evidence. USCIS has developed detailed information, including a processing worksheet, to assist in the completion and submission of a FY2010 H-1B petition. Those documents, and other information for your guidance, are linked from the bottom of this page.
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.
May, 2009
Petition for a Nonimmigrant Worker 05/04/2009
April, 2009
USCIS Updates Count of FY2010 H-1B Petition Filings Regular Updates Posted on USCIS Web site 04/27/2009
Cap Count for H-1B and H-2B Workers for Fiscal Year 2010 04/17/2009
USCIS Continues to Accept FY 2010 H-1B Petitions 04/08/2009
March, 2009
Questions and Answers: Employ American Workers Act and its Effect on H-1B Petitions 03/20/2009
USCIS Announces New Requirements for Hiring H-1B Foreign Workers Changes Apply to Companies that Receive TARP Funding 03/20/2009
USCIS to Accept H-1B Petitions for FY 2010 Beginning April 1, 2009 Petitioners Are Reminded to Follow Regulatory Requirements 03/20/2009
Questions and Answers: USCIS to Accept H-1B Petitions for FY 2010 Beginning April 1, 2009 Information for Completing and Submitting an FY 2010 H-1B Cap Case 03/20/2009
USCIS Updates Count of FY2010 H-1B Petition Filings
Last updated: 04/08/2009
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