Monday, April 20, 2009

H1B FY 2010 : Cap Count Update 13th April 2009


Monday, April 20, 2009 | , , , ,

Today, USCIS updated the count on H1B cap for FY 2010. According to their recent update they have received approximately 43,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS mentioned in their latest update that they 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received to reach the cap limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

It is been almost 13 days since USCIS last announced that they have received 42,000 regular case applications, and approximately enough applications to reach advanced degree cap exemption. With recent update, it is clear that USCIS received approximately 1000 applications in last few days, which appears too less compared to number of applications USCIS received in similar situation during last few years.

Kudos to investigation led by ICE in collaboration with U.S. Citizenship and Immigration Services' Fraud Detection and National Security Division (FDNS); U.S. Department of Labor's (DOL) Office of Inspector General; U.S. Postal Inspection Service (USPIS); U.S. Department of State; Social Security Administration's Office of the Inspector General, and U.S. Attorney's Office for the Southern District of Iowa, that lead to arrest of 11 individuals under H1B visa fraud. This unquestionably alarmed many companies, that use to file scrupulous H1B applications with no legitimate client requirements. It is needless to say that with DOL imposing heavy penalties on companies that do not pay their employees on bench, we will see fewer of such redundant applications this year.

We should also not forget starting this year, there are stringent laws imposed on companies that received bailout money through Trouble Asset Relief Program (TARP) which confine them from hiring H1Bs. To add to this, struggling economy is playing a huge role in restricting many companies from hiring new skilled workers. Keeping all these aspect in mind, we should see H1B cap for fiscal year 2010 be available for sometime. At last there is some good news for students graduating with advanced degree in May.


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