This week, USCIS published an update of the number of H-1B cap-subject petitions they have received for Fiscal Year 2010. As of November 20, 2009, the federal agency has received approximately 56,900 H-1B cap-subject petitions. USCIS has already approved enough H-1B petitions for foreign nationals with advanced degrees to meet the target total of 20,000 visas allotted for petitioners that meet the advanced degree cap exemption. All H-1B petitions filed on behalf of foreign nationals, regardless of whether the nationals meet the requirements of the advanced degree cap exemption, will now count toward the general cap of 65,000.
USCIS will continue to accept H-1B petitions until it has received a “sufficient” number of these petitions to reach the mandate-defined limits of the visa program. This takes into consideration that some petitions received will be denied, revoked or withdrawn from consideration.