On November 3, 2009, USCIS issued an update on the remaining number of cap-subject H-1B visas for fiscal year 2010. Fiscal year 2010 visas would allow foreign workers to begin employment with United States employers on October 1, 2010. 53,800 cap-subject H-1B visas have been filed. An unknown number of H-1B1 visas for nationals of Chile or Singapore have been received, but have not been exhausted. H-1B visas for advanced degree workers have reached their annual limit of 20,000. Given that the annual quota of cap-subject H-1B visas is 65,000 and 6,800 of those are shared for H-1B1 visas, there remain between 4,400 and 11200 cap-subject H-1B visas for fiscal year 2010. Future H-1B petitions filed for advanced degree workers would also be counted against the 65,000 H-1B annual cap. H-1B annual quotas do not impact cap-exempt positions, H-1B extensions, and petitions for change of employers. The Chander Law Firm recommends that businesses interested in petitioning for foreign workers under the fiscal year 2010 H-1B cap file as soon as possible. Visa numbers could be exhausted before the end of November. Related Links Cap Count for H-1B, H-2B and H-3 Workers for Fiscal Year 2010
