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Current H-1B Quota (FY 2009 Quota):

04/08/2008 - USCIS REACHES FY 2009 H-1B CAP

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009.

USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the “advanced degree” exemption.

Before running the random selection process, USCIS will complete initial data entry for all filings received during the filing period ending on April 7, 2008.

Due to the high number of petitions, USCIS is not yet able to announce the precise day on which it will conduct the random selection process.

USCIS will carry out the computer-generated random selection process for all cap-subject petitions received.

USCIS will select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the “advanced degree” exemption limit.

USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate.

USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.

The agency will conduct the selection process for “advanced degree” exemption petitions first.

All “advanced degree” petitions not selected will be part of the random selection process for the 65,000 limit.



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Please note that petitions filed to extend or amend H-1B employment for foreign workers already in H-1B status and new workers to be employed by institutions of higher education or related nonprofit entities, nonprofit research organizations, or governmental research organizations are not subject to the H-1B cap.

Current H-1B Workers:

Petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap. USCIS will continue to process petitions filed to:

Extend the amount of time a current H-1B worker may remain in the United States.

Change the terms of employment for current H-1B workers.

Allow current H-1B workers to change employers.

Allow current H-1B workers to work concurrently in a second H-1B position.

Cap-Exempt Petitions:

As directed by the H-1B Visa Reform Act of 2004, USCIS treats as exempt from the cap for any fiscal year the first 20,000 H-1B petitions reflecting an alien beneficiary with a US-earned masters or higher degree.

USCIS also notes that petitions for new H-1B employment are not subject to the annual cap at all if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization.

H-1B in General:

The H-lB visa program is utilized by US. organizations to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field, such as scientists, engineers, or computer programmers.

As part of the H-1B program, the Department of Homeland Security (DHS) requires US, employers to meet specific labor conditions to ensure that American workers are not adversely impacted, while the Department of Labor's Wage and Hour Division safeguards the treatment and compensation of H-lB workers.

H-1B Quota / Cap Exemptions:

Petitions for current H-1B workers (H-1B transfers and H-1B renewals) do not count towards the congressionally mandated H-1B cap.

Accordingly, USCIS will continue to process petitions filed to:


Extend the amount of time a current H-1B worker may remain in the United States.

Change the terms of employment for current H-1B workers.

Allow current H-1B workers to change employers.

Allow current H-1B workers to work concurrently in a second H-1B position.

In addition, The following 4 scenarios are not subject to the annual quota. You can apply now for an H-1B Visa if:


The Employer is an institution of higher education (College or University).

The Employer is a nonprofit organization or entity related to or affiliated with an institution of higher education (Hospital affiliated with a University).

The Employer is a nonprofit research organization or a governmental research organization.

You have been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the U.S. for more than a year after attaining such status (H-1B Renewals and Transfers).