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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

USCIS Update	
April 8, 2009

USCIS Continues to Accept FY 2010 H-1B Petitions

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today
announced it continues to accept H-1B nonimmigrant visa petitions subject to
the fiscal year 2010 (FY 2010) cap.  USCIS will continue to monitor the
number of H-1B petitions received for both the 65,000 regular cap and the
20,000 U.S. master's degree or higher educational exemption cap. 

Should USCIS receive the necessary number of petitions to meet the
respective caps, it will issue an update to advise the public that, as of a
certain date (the "final receipt date"), the respective FY 2010 H-1B caps
have been met.  The final receipt date will be based on the date USCIS
physically receives the petition, not the date that the petition is
postmarked.  The date or dates USCIS informs the public that the respective
caps have been reached may differ from the actual final receipt date. 

To ensure a fair system, USCIS may randomly select the number of petitions
required to reach the numerical limit from the petitions received as of the
final receipt date.  USCIS will reject cap subject petitions that are not
selected, as well as those received after the final receipt date.

Petitions filed on behalf of current H-1B workers, who have been counted
previously against the cap, will not count toward the congressionally
mandated FY 2010 H-1B cap.  Therefore, USCIS will continue to process
petitions filed to:

.   Extend the amount of time a current H-1B worker may remain in the United
States. 
.   Change the terms of employment for current H-1B workers. 
.   Allow current H-1B workers to change employers. 
.   Allow current H-1B workers to work concurrently in a second H-1B
position.

H-1B in General  U.S. businesses use the H-1B program to employ foreign
workers in specialty occupations that require theoretical or technical
expertise in fields, such as scientists, engineers, or computer programmers.
 
- USCIS -



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