H-1B Cap is Still Open; New Quota Count from USCIS

May 26, 2009
According to USCIS today, the H-1B quota is still open.  On May 22, 2009 USCIS reported that 45,700 H-1B applications were received as of May 18, 2009.  We at Fong & Chun, LLP believe that USCIS will continue to accept at least 20,000 more applications since the USCIS must accept more than 65,000 petitions.  

In an earlier blog, I talked about why USCIS accepts more applications than there are H-1B openings.  It is simply because the USCIS will reject or deny many of those applications that submitted.  This makes it imperative that H-1B applicants submits more than just a skeletal or minimal application to the USCIS.  If you want to submit a successful and strong H-1B case, you need to make sure that your petition is well prepared, complete, and that you have chosen the best applicant for the position or if you are the applicant, you have chosen the best employer for your case.

When the H-1B season began in February and March, no one expected that the H-1B filing window would be open this late in the season.  Many have speculated that the dampened economy has resulted in fewer job offers.  Unemployment rates are also a factor.  Perhaps less applications were made this year because USCIS has been cracking down on "fraudulent" visa applications, or it's because deportation enforcement is at an all-time high.   Regardless, what we know to be true is this: only 45,700 applications have been received this year.  

--ecf