As of September 18, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that it has received approximately 46,000 H-1B petitions against the 65,000 regular cap for FY2010. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.
The continuing availability of H-1B numbers presents opportunities for employers with additional hiring needs and those that want to pursue permanent residence on behalf of foreign employees. Because the H-1B is a “dual intent visa,” workers may hold temporary nonimmigrant status and simultaneously pursue permanent residence. However, unlike foreign nationals in L-1 status, H-1B nonimmigrants in the permanent residence process are able to extend their status beyond the six-year maximum.
In addition, given USCIS’s increasingly stringent standards on eligibility for certain other nonimmigrant categories, such as L-1B specialized knowledge petitions, pursuing H-1B classification rather than another nonimmigrant status could result in a smoother adjudication process and higher chance of approval.
