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Information about the H-1B Cap for Fiscal Year 2009
Disclaimer
This information is provided as a service to students, faculty, and staff of the University and does not constitute legal advice. Persons employed as H-1Bs by the university will not be subject to the cap. Individuals who will be employed as H-1Bs by outside entities and who desire additional information should consult their employer and/or a competent immigration attorney.
H-1B Cap Reached
The Fiscal Year (FY) 2009 cap on the number of new H-1B authorizations that can be issued was reached on April 7, 2008. In addition, on April 7, 2008, USCIS announced that the 20,000 additional cap numbers available for persons who have received advanced degrees in the U.S. had also been exhausted. USCIS will accept no further cap-subject petitions for FY 2009 (10/1/08-9/30/09). H-1B petitions may not be filed more than six months in advance of the employment start date requested in the petition, so unless Congress acts to increase the cap numbers, petitions for new cap-subject H-1B employment will not be accepted until April 1, 2009. At that time petitions for employment in FY 2010 (10/1/09-9/30/10) can be accepted.
For Additional Information
Individuals who will be employed as H-1Bs by outside entities and who desire additional information should consult their employer and/or a competent immigration attorney.
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