H-1B Cap Not Reached

The USCIS advised today that, during the initial filing window for H-1Bs, it has not received even half the number of petitions to reach the 65,000 cap.

H-1B petitions are filed by U.S. employers seeking to hire a specific foreign national in a specialty occupation involving the theoretical and practical application of a body of specialized knowledge (such as the science, business, medicine and education, among other fields. The numerical limitation on H-1B petitions for fiscal year 2010 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. master’s degree or higher are exempt from the fiscal year cap.

USCIS has also indicated that, while it has received nowhere near the number of filings that would fill the overall H-1B cap, it has received close to the number needed to fill the 20,000 exemption for those who have earned a U.S. master’s degree or higher.

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