On June 5, USCIS again updated the current amount of H-1B visa applications received for Fiscal Year 2010. According to USCIS, roughly 44,000 H-1B cap-subject visas have been received. Approximately 20,000 petitions that qualify for the advanced degree cap exemption have been additionally filed. USCIS notes that they will continue to accept cap-subject and advanced degree exemption petitions until they believe a sufficient number have been received.

A total of up to 65,000 H-1B visas are allowed for Fiscal Year 2010, along with an additional 20,000 visas for petitioners with a U.S. master’s degree or higher. When the agency receives the necessary number of petitions to meet these caps for FY 2010, it will issue a notice to advise the public that the cap has been met by its specified final receipt date. That final receipt date will be based on the date that USCIS received the petition and not the date that the petition was postmarked.

USCIS will then randomly select the number of petitions required to reach the cap limits for the H-1B program for FY 2010 from all petitions received on or before the specified final receipt date. Cap-subject petitions not randomly selected will be rejected by USCIS, as will those petitions received after the final receipt date.

Please note that petitions filed on behalf of H-1B workers who have previously been counted against an annual cap will not count toward the FY 2010 H-1B cap. USCIS will continue to process petitions for H-1B workers (or those petitioning on their behalf) that wish to extend the amount of time they may remain in the U.S., change their terms of employment, change employers, or work concurrently in a second H-1B position.