Tuesday, November 24, 2009

H-1B Cap at 56,900

The H-1B cap of 65,000 may be reached before the end of the year. Historically, H-1B cap-subject cap filings have increased as we have gotten closer to the H-1B cap limit. MU employers are encouraged to ready any H-1B cap-subject as soon as possible.

Employees that may need an H-1B visa include:
- International students working on an EAD card under an OPT or CPT program after having attended a U.S. school;
- International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case;
- Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1;
- H-1B workers with a cap exempt organization; and
- Prospective international employees currently living abroad.

International workers who are working here in the U.S. on an H-1B visa with another cap-subject employer are not subject to H-1B cap. These cases are commonly referred to as “transfer” cases and may be filed at any time throughout the year.

Many healthcare professions ordinarily qualify for H-1(b) status, including Physical Therapists, Occupational Therapists, Speech Language Therapists, and some Registered Nursing jobs.


As of November 20, 2009, approximately 56,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.


  1. Hi Cris,
    I have read this fearless forecast in one of the blogs here in the internet. I don't know where they got this forecast again and I'm a little bit bothered again with this. The forecast I've read is this:
    Priority date cut off: 2010
    Jan. 2010 - 01 June 2002
    Feb. 2010 - 01 June 2002
    MArch 2010 - 01 June 2002
    April 2010 - 01 June 2003
    May 2010 - 01 June 2004
    June 2010 - 01 Oct 2004
    July 2010 - 01 June 2005
    August 2010 - UNAVAILABLE

    Hoping really that visa will not be unavailable again next year. Is this a realiable forecast or it is only a forecast just to scare everybody waiting for their visa to become available...Thanks Cris

  2. That prediction could be about right but I haven't taken a hard look at it.

    The numbers will surely go Unavailable in late summer. They do that every year. All it means is that they have used the full allotment of numbers; The numbers will then reopen in October 2010.


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