Special Alert: USCIS Updates FY2010 H-1B Count Delay of Applicability of FAR E-Verify Regulation Until June 30, 2009

The U.S. Citizenship and Immigration Services ("USCIS") issued a press release on April 17, 2009 announcing that, as of April 13, 2009, approximately 43,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. The USCIS says that it will continue to monitor closely the number of new H-1B petitions that are filed and issue additional public announcements to track the volume of H-1B filings and to confirm when it has received sufficient filings to reach the quota.

On April 16, 2009, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration announced that they have agreed to delay the applicability date of the Federal Acquisition Regulation ("FAR") requiring federal government contractors to use E-Verify. This announcement extends the applicability date of this E-Verify rule—from May 21, 2009 to until June 30, 2009—and will permit the Obama administration to more thoroughly review the rule.