As of July 24, 2009, U.S. Citizenship and Immigration Services (USCIS) reports that it has received approximately 44,900 H-1B regular cap-subject petitions and approximately 20,000 petitions qualifying for the H-1B advanced degree cap exemption. USCIS reports that it will continue to accept both regular cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

We note that this latest H-1B count is unchanged from the USCIS H-1B count as of July 10. This lack of movement in the count reflects a lower volume of new H-1B visa petitions being filed, and may also reflect that a larger number of H-1B petitions are being withdrawn or denied after filing.

Jackson & Hertogs will continue to monitor the FY2010 H-1B cap count, and advise clients as information becomes available. Clients who wish to file a new H-1B petition while numbers remain available should to contact their attorney at Jackson & Hertogs for assistance.

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