|Today, USCIS announced that as of yesterday, December 21, 2009, H-1B cap petitions have run out for FY 2010. Not only have they received enough applications to fill all H-1B subject spots, but they have also received enough petitions to fill all 20,000 H-1B spots for advanced degree holders. USCIS states that they will no longer accept cap subject petitions for applications received after December 21, 2009 for FY2010. Petitions received by USCIS on December 21, 2009 will be randomly selected to fill the remainder of the cap. |
The H-1B visa for temporary workers with specialty occupations is subject to an annual cap. The current annual quota is set at 65,000. Because 6,800 of these spots are kept for citizens of Singapore and Chile, this only leaves 58,200 spots for other nationals. Unused spots in this category are not allotted back to the general pool, but reserved for use the next fiscal year. In addition, there are 20,000 H-1B visas exempt from the cap. These are reserved for advanced degree holders.
Remember, those who receive a job offer from a governmental or non-profit organization do not count towards the general H-1B cap and may still apply.