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Countdown for H-1B petition period running

Same as every year, the countdown for the H-1B petition period that starts with the beginning of the US fiscal year 2009/2010 is running. The H-1B visa category is subject to a cap, which means only 65,000 visas are available for each fiscal year (starting October 1 and ending September 30).

Since H-1B petitions can be submitted to the USCIS six months prior to the beginning of the fiscal year, the first possible date for petitions every year is April 1.

Over the past years this usually led to the USCIS announcing April 2 as the final receipt date, since more than 150,000 petitions had been received within 48 hours. This year’s relatively low number of petitions is suspected to be a direct result of the worldwide financial crisis. The crisis also led to the following change of regulations:

Companies who have received financial support from the US government not only have to state this in their H-1B petition, but will also be classified “dependent employers.” This has serious consequences, as it means they have to submit additional documentation from the Department of Labor.

As soon as this year’s H-1B quota is reached, new applications cannot be submitted before April 1, 2010 for the fiscal year beginning October 1, 2010.

Good luck to all applicants!