Immigration Alert: H-1B Cap Update


On October 25, 2009, United States Citizenship and Immigration Services (USCIS) announced that 52,800 H-1B petitions have been received since April 1, 2009. After factoring in the H-1B numbers which are reserved solely for nationals of Chile and Singapore pursuant to trade agreements between these countries and the U.S., there are now only 5,400 H-1Bs available for FY2010, which began on October 1, 2009. A significant increase in the pace of H-1B filings was detected in September and this has shown no signs of slowing. While the rate of H-1B filings is still down considerably from previous years, the prospect of only 5,400 for the remainder of FY 2010 means cap subject employers who are considering H-1B filings will need to commit soon, or wait until October 1, 2010 for H-1B availability.

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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