John Valdez’s Legal Blog

At this time, many foreign nationals are anxiously waiting to see if they will be allowed to stay and work in the United States.  I am speaking of the thousands of nonimmigrants waiting to see if the H-1B Cap has been reached.  In recent years, so many people have applied for initial H-1B visas that the annual quota has been filled during the first week that petitions are accepted for the new fiscal year.  Because of this demand, the USCIS has placed all of those applying in the first week in a large lottery.  Winners get their petitions reviewed; losers see their applications rejected.  It is a tough time for those awaiting results.

 The first week to apply for H-1B petitions just passed yesterday and there is still hope for H-1B hopefuls.  The USCIS announced today that it will continue to accept H-1B petitions until the quota is reached. 

The USCIS’s announcement does not state that the cap has not been reached, but it also does not state that it has been reached.  It is likely that the demand for H-1B visas is dramatically down this year, because of the state of the U.S. economy.

 As soon as we learn more about the Cap situation, the attorneys at Smith & Garg will pass it on to you.