Rachel Browning’s Legal Blog

            The U.S. Citizenship and Immigration Service (USCIS) announced today that as of August 14, 2009, it had received approximately 45,000 H-1B cap-subject petitions.  In addition, approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will therefore 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.

            USCIS also announced that so far it has received 8,974 H-2B petitions for the first half of FY 2010.  It has approved 8,183 and 791 are pending.  On August 6, 2009, USCIS announced the reopening the FY 2009 H-2B filing period and immediately began accepting petitions.  Employers are reminded that H-2B petitions for FY 2009 must be received, evaluated and adjudicated on or before September 30, 2009.   Petitions received on or after Oct. 1, 2009, and/or requesting a starting date on or after Oct. 1, 2009, will be considered towards the fiscal year 2010 H-2B cap.

            As always, if you have questions about either the H-1B or H-2B visa programs, or other need other immigration-related information, Contact the Experienced Immigration Attorneys of Garg & Associates, PC in Houston, Spring and The Woodlands, Texas and Long Beach, California.