Blog

US CIS has announced that as of May 14th, 19,000 petitions have been received toward the 65,000 cap for cap-subject H-1B petitions for FY2011 (starting October 1, 2010).  US CIS also announced it has received 8,100 petitions for the U.S. Master's exemption cap of 20,000.

For more information, please click here.

On May 11th, US CIS announced that it will be issuing redesigned permanent resident cards ("Green Cards"). 

US Citizenship and Immigration Services (US CIS) has announced the number of H-1B petitions received as of April 8, 2010 to be counted toward the FY2011 H-1B cap:

H-1B Regular Cap:                  13,500 (65,000 Cap)

H-1B Master's Exemption:         5,600 (20,000 Maximum)

These numbers mean to us that the U.S. economy is still recovering and employers are still not hiring in the volumes of past years.  Fortunately, this means that for employers who are still hiring professional and/or specialized workers eligible for an H-1B visa, a valuable immigration option still exists.  To have the best chance of securing an H-1B visa for FY2011, we still recommend planning ahead and filing the H-1B petition as soon as possible.

For more information on the H-1B cap count, please visit the US CIS webpage linked here.

The H-1B filing period for Fiscal Year 2011 begins on Thursday, April 1, 2010.  Petitions filed on that date for new H-1B workers will have a start date of October 1, 2010.  The filing date is approaching fast.  Over the past several years, the number of H-1B petitions filed with U.S. Citizenship & Immigration Services (US CIS) has far exceeded the 65,000 limit ("cap") for regular H-1B petitions and 20,000 for those with advanced U.S. degrees.  In many recent years, the H-1B cap has been hit on the first day of filing.

While it is difficult to predict how many petitions will be filed this year, if you have any plans to hire a foreign worker who will need a U.S. work visa, please contact our office to discuss the potential employee's situation and the best course of action for you and your potential employee.  Should an H-1B petition be necessary for your potential employee, we recommend that you plan to file the petition on April 1st -- the first date that petitions will be accepted by US CIS -- in order to have the best chance of receiving one of the limited number of H-1B visas available each year.

Please note, petitions filed on behalf of current H-1B workers, or those that have previously been counted against a cap, will generally not count toward the Congressionally-mandated FY 2011 H-1B cap.  Those petition types include:

* Extension of time for a current H-1B worker

* Changing terms of employment for a current H-1B worker

* Allowing a current H-1B worker to change employers

* Allowing a current H-1B worker to work concurrently in a second H-1B position

Please feel free to contact us if you have any questions regarding any prospective employee and his or her visa situation.