USCIS Updates FY 2010 H-1B Count (Updated 7/8/09)
Cite as “AILA InfoNet Doc. No. 09042065 (posted Jul. 8, 2009)”

July 3, 2009 H-1B Cap Count

As of July 3, 2009, approximately 45,000 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.

June 26, 2009 H-1B Cap Count

As of June 26, 2009, approximately 44,800 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.

Below, we reprint a notice  posted on the website of the American Immigration Lawyers Association (AILA) tracking the number of H-1B petitions filed as of almost 30 days following  the opening of the FY 2010 H-1B quota. As of April, 2009, 45,000 petitions have been filed toward the visa quota of 65,000, reflecting dramatically the economic slowdown we have been experiencing. By contrast, within only 5 days of the quota opening up on April 1, 2008 for Fiscal 2009 (just last year), almost 160,000 total H-1B petitions  for special-occupational workers had been filed.   

Cite as “AILA InfoNet Doc. No. 09042065 (posted Apr. 27, 2009)”

The Vermont Service Center (VSC) of U.S. Citizenship and Immigration Services recently came out with a Practice Pointer on H-1B layoffs. It called on employers and H-1B beneficiaries to keep three scenarios in mind: (1) if an H-1B petition is pending and Immigration learns, through the media, that the H-1B employer is going out of business, the VSC may issue a Notice of Intent to Deny. If the employer is not going out of businesses or otherwise was bought out by a successor organization, such information should be presented in response; (2) if the underlying H-1B petition has already been approved, the general rule is that if the employer goes out of business, the H-1B petition is automatically revoked.  If  VSC learns through the media of the employer’s demise, it will issue a Notice of Intent to Revoke to which the employer should present evidence either that it is not going out of businesses or has been bought out by a successor entity; and (3) the effect of revocation on an H-1B beneficiary is for H-1B status to be terminated as of the date the employment ceased or the date the petition was revoked, whichever date is later. The H-1B beneficiary shall begin accumulating unlawful presence the day following the date of termination of his/her employment.  There is no grace period. ¼/p>

One of the big benefits of the North American Free Trade Act immigration-wise has been to allow Mexican and Canadian professionals to enter the U.S. to work for one year without having to apply for H-1B (specialty occupation) status. Because of the extremely limited number of H-1B visas made available each fiscal year, TN status has been a wonderful way around the problem because there is no quota on the number of TN’s that can enter the U.S. and no timing restrictions. The big drawback, however, has been that TNs could only stay in the U.S. for a year before having to extend their status and then were restricted to a one year extension. No longer. A new rule was published this past week allowing TNs to stay in the U.S. for up to three years and extend their status for up to another three years (comparable to the duration period for H-1B status holders). The authorities hope that this increase in the time allowed TNs to work in the U.S. will encourage employers to employ more TNs and thereby take some of the pressure off the H-1B quota. We shall see if it works, but however which way one looks at this, this is a positive development. We provide below additional information and a helpful Q&A on the new rule:   

 Notice of Extension of Treaty National Benefits