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.