H Visa News

Please see the attached memorandum released by the USCIS on Dec 10,09.

Fiscal Year 2010 H-1B Cap Count

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.

As of November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000.

The Department has sent to the Federal Register an Interim Final Rule (IFR) extending the transition period application filing procedures implemented under the December 2008 H-2A Final Rule. The application filing procedures under the extended transition period apply to all employers with dates of need before June 1, 2010. To read the IFR please click here.

U.S. Citizenship and Immigration Services (USCIS) is announcing a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL). 

 Effective December 21, 2009, the Nursing Relief for Disadvantaged Areas Reauthorization Act will sunset. The Nursing Relief for Disadvantage Areas Act (NRDAA) established the H-1C Program in 1999 to reduce the shortage of qualified nurses in health professional shortage areas. The Program was reauthorized until December 20, 2009 under the Nursing Relief for Disadvantage Areas Reauthorization Act of 2005 which became effective in December 20, 2006.

As of October 30, 2009, approximately 53,800 H-1B cap-subject petitions had been filed.

As of September 18, 2009, approximately 46,000 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. 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.

The Department has posted FAQs concerning the iCert system and LCAs, including information regarding FEINs(Federal Employer Identification Number). To read the FAQs please see attachment.