H1B Visa Cap Update 12/8/2009

With predictions that the H1B cap will be reached any day now, employers and employees are rushing to beat the cap. United States Citizenship and Immigration Services (USCIS) announced that, as of December 4th, it had received approximately 61,100 H-1B petitions counting toward the congressionally-mandated 65,000 limit. Additionally, USCIS has approved sufficient H-1B petitions for foreign nationals with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petition filed on behalf of a foreign national with an advanced degree will now count toward the general H-1B cap of 65,000.

So why are they still accepting cases? Well not all filed H1B petitions will be approved so the final count will not be known until USCIS will clear all denials. We will keep you posted.