H-1B Cap Update

On June 11, 2010, U.S. Citizenship and Immigration Services (USCIS) announced that it has received approximately 22,000 H-1B petitions counted toward the 65,000 cap. The Service has received approximately 9,400 petitions for individuals with advanced degrees.

 
Since the H-1B cap has not been met, USCIS will continue to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption until the cap is met.

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

 
We will continue to provide updates as USCIS releases additional information concerning the FY 2011 H-1B Cap.

Szabo, Zelnick & Erickson

I-129 Cap FY 2011 H-1B