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| H-1B cap reached for fiscal year 2010 |
| published 21 December 2009 |
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An update to the US Citizenship and Immigration Services (USCIS) website has confirmed that the H-1B visa Fiscal Year 2010 (FY2010) annual cap was reached on Monday, December 21, 2009. As a result, USCIS will reject any H-1B petitions received after December 21, 2009. USCIS will select cap-subject H-1B petitions received on December 21, 2009 for a computerized "lottery". Cap-subject H-1B petitions selected under the lottery will be processed per normal. Cap-subject H-1B petitions that "lose" the computerized lottery will be rejected.
USCIS will accept no further cap-subject H-1B petitions for FY2010, meaning that any future applications must be submitted under the FY2011 annual cap. FY2011 begins on October 1, 2010. Because H-1B petitions can be filed up to six months prior to an anticipated hire date, the earliest any future cap-subject H-1B petitions can be submitted is April 1, 2010. USCIS will continue to accept H-1B petitions that are exempt from the annual cap. Such H-1B petitions include, for example, applications requesting extension or amendment of previously approved H-1B status, or petitions filed by institutions exempt from the annual cap, such as institutions of higher education or related/affiliated nonprofit entities, nonprofit research organizations, or governmental research organizations. |
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