USCIS Continues to Accept H-1B Cap Petitions

April 08, 2009

USCIS today announced that it is continuing to accept petitions for new H-1B workers subject to the FY2010 cap.  This means that as of today, USCIS has not received sufficient petitions to exhaust the FY2010 quota for new H-1Bs, and employers may continue to submit cap-subject H-1B petitions.  According to the USCIS:

"Should USCIS receive the necessary number of petitions to meet the respective caps, it will issue an update to advise the public that, as of a certain date (the “final receipt date”), the respective FY 2010 H-1B caps have been met.  The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition is postmarked.  The date or dates USCIS informs the public that the respective caps have been reached may differ from the actual final receipt date."

"To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date.  USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date."

The complete announcement is available on the USCIS website at: 


Contact Us 90 New Montgomery Street, 8th Floor,
San Francisco, CA 94105
415.975.9800 | 415.975.9850 fax
555 W. Fifth Street, Suite 4510,
Los Angeles, CA 90013
213.624.7500 | 213.624.7550 fax
© 2003-2009 Tafapolsky & Smith LLP.
All Rights Reserved