U.S. Citizenship and Immigration Services ("USCIS")
reports that as of January 26, 2011, it had reached the cap on new
H-1B petitions for fiscal year 2011 and will reject any petitions
it receives after that date.
Employers rely on H-1B status to temporarily employ foreign workers
in the United States in "specialty occupations," which
are positions that require a U.S. bachelor's degree or its
equivalent. The number of H-1B petitions that may be approved in
each fiscal year (which runs from October 1 to September 30) is
capped at 65,000. Petitions for workers with advanced degrees from
a U.S. institution are exempt from the regular 65,000 cap. Under
the advanced degree exemption, USCIS can process a maximum of
20,000 additional petitions.
At this time, both the regular and the advanced degree caps have
been met. Accordingly, no more new H-1B petitions will be processed
for this fiscal year. In April 2011, employers can begin to file
H-1B petitions for workers to start work in the new fiscal year,
which begins on October 1, 2011.
Some petitions are exempt from the annual H-1B cap. Alternatively,
prospective hires may be eligible for other visa categories. Please
contact us if you need assistance in obtaining work authorization
for a foreign national.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
