H-1B Quota - Are You Sure Your Case Will be Successful?

May 22, 2010

As promised, here is yet another update on the H-1B quota. On May 14, 2010, USCIS confirmed that approximately 19,000 H-1B applications have been received, and that approximately 8,100 applications were received for the advanced degree quota.

If you were reading this blog on May 11, 2010, you would have seen that I reported USCIS' most recent count as of that date: 18,000 regular applications and 7,600 applications toward the advanced degree quota.

So the numbers are creeping upwards but if you look at how the numbers progressed last season, we may see these numbers go upwards and then back again. This is when denied H-1B cases are accounted for and subtracted from the total number of applications pending.

Many applicants, employers, and even attorneys have speculated that there seems to be an increase in denials in the last year. It may be akin to the official report that came out recently confirming that deportations have increased dramatically in the last year. It's no secret that enforcement of immigration laws is a priority and rightly so. However, when you've got a good H-1B case, you had better make sure that your attorney or advisor truly knows what they are doing with your case. USCIS' review of cases is becoming ever so thorough and applicants need to know that their case will survive the scrutiny.

If you are lucky enough to have a job offer, you must work with a qualified immigration attorney to make a successful application. If you have had an H-1B petition or visa denied and want an opinion as to an appeal or refiling your application, call Law Offices of J Craig Fong. --ecf