On November 27, 2009, USCIS released the most recent update concerning the H-1B cap. According to USCIS, approximately 58,900 H-1B petitions which were subject to the cap had been filed through November. Exemptions for aliens with advance degrees has previously been met for the fiscal year 2010 cap. Accordingly, only slightly over 6,000 viable H-1B petitions will be accepted plus an allowance for those prior petitions which may have been withdrawn or denied.

In reviewing the number of H-1B filings over the year, it is significant that the pace of filings would appear to have increased over the last 60 days. Accordingly, it would appear there is limited time remaining for a viable H-1B petition to be filed for fiscal year 2010 employment. Because the quota is close to having been met, we would advise any eligible petition to be filed as soon as possible in order to provide the best possible opportunity to be approved for fiscal year 2010.