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Cap Subject H-1B Petitions Can Still Be Filed

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Despite the concern that the 65,000 H-1B numbers for the fiscal year starting October 1, 2009 would be gobbled up as quickly as the turkey at Thanksgiving dinner, believe it or not there are still some of these much-sought after nonimmigrant visas available for fiscal year October 1, 2009.

Here’s the latest news directly from USCIS: On May 11, 2009 USCIS reported that they had received 45,000 cap subject petitions for the non-advanced degree category and 20,000 for the advanced degree category. One week later, on May 18, 2009, USCIS reported that they had received 45, 500 petitions for the 65,000 non-advanced degree cap and the full 20,000 for the advanced degree cap. Using simple math, that’s 19, 500 H-1B visas still available for would-be H-1B seekers during fiscal year 2009.

Let’s pause for a moment and ask the obvious question: What happens to a U.S. PHD holder, perhaps an engineer, who normally would fall within the 20,000 advanced degree cap? Now that all of these 20,000 advanced degree numbers have been gobbled up does this mean that our prospective H-1B engineer is out of luck? Fortunately, no. Our highly degreed engineer is still eligible to apply for a cap subject H-1B visa in the non advanced degree category.

Confusing? Of course; most of immigration law is. The bottom line, however is that in a field of law in which lately there hasn’t been much good news, there is, for the fleeting moment, some good news. Just remember to file that H-1B petition before those H-1B numbers disappear.

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