Special Alert: FY 2010 H-1B Quota May Be Reached Soon!

On December 1, 2009, United States Citizenship and Immigration Services ("USCIS") reported an "uptick" in H-1B filings over the last two weeks—-including about 2,000 new H-1B petitions filed in the days before the Thanksgiving holiday. Previously, USCIS had announced receiving approximately 58,900 H-1B cap-subject petitions against the 65,000 available under the quota.

Since the quota may be reached at any time, employers planning to file new H-1B petitions should do so immediately. H-1B petitions that miss this year's quota cannot be re-filed until April 1, 2010, and cannot request a start date prior to October 1, 2010.