FY2010 H1B quota

After many months of little or no movement, we are at last seeing an increasing number of new H1B petitions accepted by the USCIS under the fiscal year 2010 quota. As of November  27th, the USCIS reported that they had received approximately 58,900 petitions.

The annual quota limit is 65,000. The law provides special set asides of up to 6,800 numbers for petitions filed for citizens of Chile and Singapore, under special free trade agreements. Technically, this reduces the overall quota to 58,200. Most of the Chile/Singapore set asides, however, are returned to the main pool and used by "regular" H1B petitioners. Given that this is a relatively small number, however, it shouldn't delay by too long the date on which the quota is finally reached.


Given the increasing number of filings, and the new sense of urgency that will undoubtedly result in more speculative filings by people hoping to get in while visas are still available, we can expect to see the quota reached most likely no later than the end of the first week in December. Please remember that when the USCIS determines that the quota has been reached, they will conduct a lottery for all cases received on the final day. Thus, for example, if the final day for H1B filings turns out to be December 4th, then the USCIS will accept all cases filed through December 3rd, but hold a lottery for the remaining open spots from those cases filed on December 4th.


If the past is a guide, we can expect to see the USCIS hold a number of cases that were not selected for inclusion in the quota, to be processed in the event quota spots open up as a result of denials, withdrawals, or visa numbers returned as a result of revocations.


If you would like to discuss this article, we have set up a thread for this purpose. Please click on this link to visit that thread http://www.immigration-information.com/forums/working-nonimmigrant-visas/9605-the-fy2010-h1b-quota-how-long-will-it-last.html#post38071



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