Consistent with the weak job market, very few cap-subject H-1B petitions have been filed since the initial April 1-April 7 filing period for the 2010 H-1B cap. As of May 11, United States Citizenship and Immigration Services (USCIS) reports that 45,000 petitions have been received toward the 65,000 H-1B cap. This is the same number of filings USCIS reported in its previous update on April 27. Approximately 3,000 cases have been received since the initial USCIS report detailed in Ogletree Deakins’ April 9, 2009 E-Alert. The current pace of H-1B filings suggests that employers will have the opportunity to file cap-subject H-1Bs for several more months. Persons currently employed as F-1 students or J-1 trainees and persons outside of the United States commonly require new, cap-subject H-1Bs.

Ogletree Deakins will continue to monitor H-1B availability and provide updates. USCIS posts periodic updates to its website.

Note: This article was published in the May 2009 issue of the Immigration eAuthority

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