H-1B Numbers Still Available for October 1, 2009 Start Date

April 23, 2009

As a sign of the economic times, H-1B visa numbers remain available for the fiscal year starting October 1, 2009.  As of April 21, 2009, USCIS had received approximately 44,000 petitions against the regular annual H-1B cap of 65,000.  By contrast, last year, USCIS received approximately 150,000 petitions around the first day of filing.

The separate H-1B cap of 20,000 for those with masters degrees or higher from U.S. universities has just about been met.  However, USCIS continues to accept such petitions as not all of the petitions are approvable.  Both the regular and advanced degree caps re-set every October 1st.

While some non-profit employers such as universities and affiliated institutions are exempt from the annual H-1B cap, for-profit employers are generally subject to the cap, at least with respect to the initial petition on behalf of a specialty occupation worker.  In Maine, a number of employers which tend to be heavier users of H-1B visas are exempt from the cap.

Nonetheless, employers who currently employ foreign students in their period of Optional Practical Training may want to consider filing H-1B petitions earlier than they otherwise may have planned due to the somewhat unexpected availability of visa numbers.  Once more foreign students graduate from college in May, some of the now available H-1B visa numbers may be gone.

Please contact Matthew S. Raynes for further information.
  
This paper is provided as general information, and is not a substitute for legal or other professional advice.