Significant Jump In H-1B Visa Petitions And Other Developments In Immigration Law

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Immigration Update on H-1B Petitions; Visa Availability; INA Section 221(g) Notices and ESTA Registration; PERM Applications; FDNS H-1B Audits and Work-Site Visits

H-1B Petitions Jump

U.S. Citizenship and Immigration Services (USCIS) reports that as of November 6, 2009, it has received 54,700 H-1B petitions subject to the annual cap of 65,000. This is a significant jump since a report released on September 18, 2009, indicating that only 46,000 petitions had been received. The jump is attributed to reaching the cap on the additional 20,000 visas allotted for foreign nationals with advanced degrees and placing the remaining petitions for advanced-degree holders into the regular cap pool. Any H-1B petition filed on behalf of an individual with an advanced degree will now be counted toward the 65,000 cap. USCIS will continue to accept H-1B petitions until the cap is reached, taking into consideration that some of the petitions may be denied, revoked or withdrawn. Employers may want to file any cap-subject H-1B petitions as soon as possible.

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