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The H-1B quota cap for 2010 (i.e., for employment starting October 1, 2010) was reached on or about December 21, 2009. 


UPDATE

The H-1B quota cap for 2010 (i.e., for employment starting October 1, 2009) was reached on December 21, 2009. 


For the next fiscal year, for employment starting from October 1, 2009: the H-1B cap will likely run out at any time since there has been no increase in H-1B visa numbers, manypeople will be trying again, and the USCIS continues to have the special lottery rules in place. 

For the current fiscal year, the H-1B cap was reached on December 21, 2009.

Each year, the U.S. government (USCIS) makes only 65,000 H-1B visas available. Itthen sets aside 6,800, for the H-1B1 program for nationals of Chile andSingapore, thereby leaving only 58,200 visas available for the regularH-1B program. The government will sometimes return unused numbers fromChilean and Singaporean nationals, and there are many individuals andorganizations which are exempt from the quota. In addition, individualswho earned a Master's degree from a U.S. institution have a separatequota. Nonetheless, there is still a far too small supply of H-1B visasto meet the ever increasing demand for H-1B visas. As a result of the demand for H-1B visas far exceedingthe supply of H-1B visas, for each of the past four years, the H-1B cap hasbeen reached earlier and earlier, as shown by the table below.

Fiscal Year Earliest Employment Start Date Earliest H-1B Filing Date Date H-1B Quota Cap Reached # of Days H-1B Filing Window Open
(incl. Sat. Sun, and holidays)
# of Days difference from prior fiscal year
2005 October 1, 2004 April 1, 2004 October 1, 2004 183  
2006 October 1, 2005 April 1, 2005 August 10, 2005 131 -52
2007 October 1, 2006 April 1, 2006 May 26, 2006 55 -76
2008 October 1, 2007 April 1, 2007 April 2, 2007 1 -54
2009
October 1, 2008 April 1, 2008
April 7, 2008

(under special H-1B lottery rules)
 N/A (special H-1B lottery rules established)
2010 October 1, 2009 April 1, 2009 December 21, 2009 264 +257

Over the past few years, the H-1B quota cap has been reached prior to the end of the fiscal year, as follows:

  • For the 2010 fiscal year, which started on October 1, 2009, the H-1B quota was reached on December 21, 2009.
  • For the 2009 fiscal year, which started on October 1, 2008, the H-1B quota was reached on April 7, 2008, i.e., the earliest possible day under the USCIS H-1B lottery rules (which provides for a random drawing lottery for petitions received during "the first five business days").
  • For the 2008 fiscal year, which started on October 1, 2007, the H-1B quota was reached on April 2, 2007, i.e., approximately six months before the fiscal year even started, and almost two months earlier than it was reached on the prior fiscal year. As a result, the USCIS was forced to undertake a lottery to select who would actually receive an H1B visa.
  • For the 2007 fiscal year, which started on October 1, 2006, the H-1B quota was reached on May 26, 2006, i.e., over four month before the fiscal year even started, and almost three months earlier than it was reached on the prior fiscal year.
  • For the 2006 fiscal year, which started on October 1, 2005, the H-1B quota was reached on August 10, 2005, i.e., over one month before the fiscal year even started, and almost two months earlier than it was reached on the prior fiscal year.
  • For the 2005 fiscal year, which started on October 1, 2004, the H-1B quota was reached on October 1, 2004, i.e., on the first day that the fiscal year started.

For the next fiscal year, employment starting from October 1, 2010: the H-1B cap will likely run out prior to the end of the fiscal year, since there has been no increase in H-1B visa numbers, and many people will be trying again.

There has been no increase in H-1B visa numbers for the next fiscal year. Further, many people who were unable to obtain an H-1B visa for the current fiscal year are waiting to file again. Therefore, there is a very good chance that the H-1B cap will run out any time

You Should Start Now because it takes time to prepare an H-1B petition for filing.

In planning to file an H-1B, it is important to understand that in order to properly prepare an H-1B petition, a sufficient amount of time must be allowed to gather the necessary documents, and to address various legal issues which may arise.

Antao & Chuang, Attorneys at Law is experienced in fling H-1B petitions.

Because we realize the importance of filing the H-1B petitions for the next fiscal year as soon as possible, Antao & Chuang, Attorneys at Law is expediting the filing of H-1B cases.

CONTACT US.

 

About Antao & Chuang

Attorney Roger S. Antao Attorney Enna Chuang

Experienced

Since 1991, Antao & Chuang, Attorneys at Law, has served clients located throughout the U.S. and the world in U.S. immigration matters (including H-1B, J waivers, L, E, O, P visa cases, green card cases, and other immigration matters). We represent individuals and companies (from small companies to major multi-national corporations).

Effective

If you retain our firm for your visa case, we will advise you on key legal issues, identify the necessary information for your case, prepare the necessary documents, file the case, enter our representation before the relevant U.S. government agencies or U.S. Consulate/Embassy as your attorneys, and communicate with the U.S. government agencies or U.S. Consulate/Embassy as your attorneys, as necessary. If you retain our firm for a consultation, we can advise you on specific legal issues or provide you with guidance regarding key decisions, as well as a summary of your available options.

Start Now

Our attorneys speak various foreign languages, e.g., Japanese, Portuguese, Chinese. To Contact our firm (using our online form) click here.

H-1B Legal Services

What we do

For an H-1B case, our firm first requests certain relevant information and documents from you (relating to the sponsoring company and beneficiary). We then analyze the case, and address any pertinent legal issues, including issues relating to the beneficiary's degree, the offered salary, etc. If a foreign degree evaluation is required, we advise the client accordingly, and either retain an expert evaluator for that purpose, or accept the client's previously obtained evaluation. We then draft the necessary legal documents for the sponsoring company's hiring official to sign, and deliver a package of all of the legal documents to the company with detailed instructions regarding the required signatures, etc. After we receive the signed legal documents, we then file the documents with the relevant government agencies, and enter our representation on your behalf. If the government requests additional information, they will inform us, and we then report the request to our clients, and prepare a response, pursuant to the terms of our retainer agreement. Upon request, we will email to you a copy of our retainer agreement for your review, with no obligation.

How Much We Charge

Upon request, we will email to you a copy of our retainer agreement for your review, with no obligation. Please note our attorney's fees are separate from the fees which the government charges.

We accept VISA, MASTERCARD, and JCB.

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Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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This website located under the world wide web domain "AntaoAndChuang.com" ("website"), and any subdomains, are owned, and maintained by Antao & Chuang, Attorneys at Law, whose practice includes U.S. Immigration Law. Since U.S. Immigration Law is federal in nature, Antao & Chuang, Attorneys at Law, serves clients who are located throughout the U.S. and the world in U.S. immigration matters, from their offices located at 521 Fifth Avenue, Suite 1700, New York, N.Y. 10175. Antao & Chuang, Attorneys at Law’s attorneys are licensed attorneys in the states where they practice. However, since said states do not recognize any specialization in U.S. immigration law (attorneys in said states are simply licensed in said states to practice law in general), Antao & Chuang, Attorneys at Law does not claim any such specialization, and nothing on this site should be deemed to constitute any such claim. Antao & Chuang, Attorneys at Law does not claim expertise in the laws of states other than where our attorneys are licensed. This website is an advertisement. This website is provided as a public service and not intended to establish an attorney client relationship. Antao & Chuang, Attorneys at Law does not accept clients on the strength of advertising materials alone but only after following our own engagement procedures. Any reliance on information contained herein is taken at your own risk. The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems solely on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. See Terms of Use.