Search

Introduction

Workers in H-1B and H-2B classifications who are admitted to perform labor and services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam are exempt from the H-1B cap and H-2B cap from November 28, 2009 to December 31, 2014.  The Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229, provides a special exemption to the statutory numerical limitations (or “caps”) for temporary workers in H nonimmigrant classifications mentioned in Section 214(g) of the Immigration and Nationality Act (INA).  

U.S. Citizenship and Immigration Services (USCIS) provides additional guidance regarding the Employ American Workers Act (EAWA) to employers seeking to file H-1B petitions. 

USCIS issues memo to provided guidance on the processing and adjudicating of Form I-129 filed on behalf of H-1B "specialty occupation" and H-2B "temporary nonagricultural" workers.

USCIS issues memo to provided guidance on the processing and adjudicating of Form I-129 filed on behalf of H-1B "specialty occupation" and H-2B "temporary nonagricultural" workers.

Fiscal Year 2010 H-1B Cap Count

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

As of December 15, 2009, approximately 64,200 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.

U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010.  USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.