USCIS has released its first report on H-1B numbers for FY2010. USCIS reports that it received approximately 45,000 petitions toward the “basic” allotment of 65,000 H-1B petitions, and that it received almost 20,000 petitions toward the “U.S. Master’s” cap of 20,000.
Fortunately, the statute provides that the “Master’s cap” is 20,000 extra visas, and it is only the extra visas that are limited to holders of U.S. Master’s degrees. A holder of a U.S. Master’s degree is also eligible for an H-1B petition in the basic quota of 65,000. If the U.S. Master’s cap is exhausted but the “basic” cap is still available, the H petitions for U.S. Master’s degree holders will still be processed, but counted toward the 65,000 “basic” cap.
