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US Citizenship and Immigration Services (USCIS) announced recently that they will start accepting H-1B petitions again for the fiscal year FY 2011 cap from 1 April 2010. These visas are useful for professional and management level employees in specialized fields, such as scientists, engineers, or computer programmers.
As before the fiscal year cap for H-1B petitions for FY2011 is 65,000. In addition there are 20,000 H-1B petitions for those with an US Masters Degree or higher in the US.
In 2010 all H-1B petitions were used up by 21 December 2010. This is more than nine months before the next fiscal year starts on 1 October 2010. In previous years all H-1B visas have been used up almost as soon as they have become available. It is uncertain for how long H-1B visas will be available for. In 2009 there was a significant increase in demand for the H-1B visa in November and December. It is possible that this year the H-1B visa cap will be fully used up before November 2010.
USCIS will monitor the number of applications received. If necessary, US immigration will randomly select the petitions required to reach the numerical limit from the petitions received up to the final receipt date. In this situation US H-1B petitions not selected will be returned.
It is important to gather relevant documentation as soon as possible for the H-1B petition. It should be noted that processing times for Labor Condition applications has gone up in the last year due to changes in the procedure. An approved Labor Condition application must be submitted with the H-1B petition.
It is also important to start planning now. For example, those currently on F-1, J-1, H-3, L-1 or TN may in some circumstances need to come under the H-1B visa to remain in the US.
You are not subject to the H-1B cap under the following circumstances:
- If the new H-1B employment is at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations.
- If you will work only in Guam or the Commonwealth of the Northern Marianas Islands you are exempt until Dec. 31, 2014.
- If you are currently in the US on an H-1B visa and wish to remain in the US in H-1B status.
If you think you need to employ someone from 1 October 2010 you should not leave it too long. Nobody knows exactly how long H-1Bs will be available for. If the US economy continues to improve H-1B visas could be used up very quickly in 2010.
