H1B Quota Still OPEN as of April 23rd 2009 USCIS

According to the USCIS, as of April 20, 2009 there are still a substantial number of slots open under the fiscal year 2010 H1B "regular cap" quota. The CIS reports that the "advanced degree exception" of 20,000 H1B numbers has been exhausted. They further report that as of the end of last week, they had received 44,000 new H1B petitions that have been counted against the 65,000 "regular cap."

How long the quota will remain open is anyone's guess. The USCIS figures are less than reassuring as to their accuracy. On April 9th, that agency initially reported that petitions equal to "almost half" the regular cap of 65,000 had been filed during the first five business days that petitions were accepted. Two business days later (April 13th), they reported that they had received 43,000 petitions in total. Taken at face value, that would have meant that they received at least another 11,000 petitions during those two business days. Five business days later (April 20th), the USCIS reported that they had received approximately 44,000 petitions. Either their earlier count was seriously wrong or employer suddenly stopped filing new petitions.

If the figure of 44,000 petitions filed as of April 20th is accurate, it likely means that the fiscal year 2010 H1B quota will remain open for several more weeks, at least. We have to assume that the large number of initial filings was due to concerns that the quota would be exhausted quickly. The additional 12,000 or so petitions filed following the initial surge represent a clear continuing demand for H1B visas. Even so, it is likely that the greater part of the immediate demand for H1B visas likely has been satisfied and the rate of filing will now slow down.

The filing total for the first week was approximately 31,000 petitions. This works out to an average of 6,200 per day. The next week and a half saw an additional 13,000 filings - approximately 1,850 per day. The CIS should release another count on Monday, April 27th and that will provide us with an opportunity to determine whether the rate of filings has slowed, and if so, by how much.

In any case, it would appear that the quota is likely to remain open for at least the balance of April and very likely into early if not mid May.

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