The Department of Homeland Security and Citizenship and Immigration Services (CIS) have just released new data regarding the current FY2010 H-1B quota. Based on their statistics, there has been a dramatic, recent up-swing in the number of H-1B filings. As of November 27, 2009, there were 58,900 filings against the fiscal year cap of 65,000. While there is no way to predict exactly when the quota will be met, the surge in filings would indicate that the cap may be reached sooner than expected.

In order to qualify for the H-1B quota, an employer must file its H-1B petition before the numbers run out. CIS counts an H-1B petition against the quota when the case enters the mailroom, and not when the petition is approved. When CIS determines that the H-1B quota may have been reached, then all petitions received on that day and the following day, will be placed in a lottery for the remaining slots. Employers that are contemplating an H-1 petition or working on getting one filed, need to hurry to get the petition filed before the quota is exhausted. Please contact Sanford Posner or David Whitlock for a more detailed analysis of your situation.