“IMMIGRATION LAW CONNECTION”

In a development not seen in recent years, it took USCIS nearly 9 months to reach the sufficient number of cap-subject H-1B petitions to fill the annual quote for Fiscal Year 2010.

In recent years, it only took USCIS anywhere from 1 week to only 1 day, to receive sufficient H-1B petitions, when the annual filing window opened,  usually on March 31 or April 1.  The result being that USCIS had trouble handling the onslaught of overnight filings and had to resort to computerized random drawings….

Just days ago, on December 22, USCIS announced that it had [finally!] received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010.  December 21, 2009 therefore is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.

Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked.

USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2010 that arrive after Dec. 21, 2009.  USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Dec. 21, 2009.  USCIS will use this process to select petitions needed to meet the cap.  USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.

Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2010 H-1B cap. Therefore, USCIS will continue to process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States.
• Change the terms of employment for current H-1B workers.
• Allow current H-1B workers to change employers.
• Allow current H-1B workers to work concurrently in a second H-1B position.