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Fiscal Year 2010 H-1B Cap Count

Please see the attached memorandum released by the USCIS on Dec 10,09.

As of December 15, 2009, approximately 64,200 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.

U.S. Citizenship and Immigration Services (USCIS) reminds the public that the H-1C nonimmigrant category expires on Dec. 21, 2009.

U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010.  USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010. 

Release Date

12/23/2025

WASHINGTON – The Department of Homeland Security is amending regulations governing the H-1B work visa selection process to prioritize the allocation of visas to higher-skilled and higher-paid aliens to better protect the wages, working conditions, and job opportunities for American workers. The new rule replaces the random lottery for selecting visa recipients with a process that gives greater weight to those with higher skills. 

Published by: Financial Express - January 8, 2026
https://www.financialexpress.com/business/investing-abroad-my-h-1b-approved-but-stuck-in-a-34-month-queue-attorney-shares-legal-fixes-for-missing-form-i-824-4100306/

Quotes and Excerpts from Rajiv in the article:

Although precise dates and processes for this year are not yet clear, we recommend planning and initiating the H-1B lottery registration now to ensure it is ready to submit when registrations open in March 2026. 

Release Date

01/30/2026