H-1B Cap Reached For Fiscal Year 2011

As we anticipated in our December 21st Client Alert, U.S. Citizenship and Immigration Services (USCIS) announced yesterday that the Fiscal Year 2011 H-1B cap was met on Wednesday, January 26, 2011. USCIS stated it will reject any cap-subject petitions for new H-1B workers seeking an employment start date in FY2011 that are received after January 26, 2011, regardless of when they were postmarked. This means that no new H-1B employment start dates may be requested from January 27, 2011 through September 30, 2011. The next filing period for new H-1B visas will take place during the first five business days of April 2011, i.e., April 1st through April 7th, for H-1B status that will be effective on October 1, 2011, the beginning of the U.S. government's next fiscal year.