New H-1B Work Visas Will Be Available Again On April 1st

Tips To Employers For The Imminent H-1B Filing Season

The Fiscal Year (FY) 2011 H-1B filing season is imminent, and it is once again time for employers to plan and organize for  the April 1st H-1B cap rollout. Although the economic downturn of the past 18 months has resulted in a lesser demand for the H-1B  work visa, employers should optimize their opportunity to secure the visa for valued workers where necessary.  As a reminder, the H-1B cap for FY 2010 was met on December 21, 2009, more than nine months before the next fiscal year begins!

As background, current immigration law contains a "cap" of 65,000 new H-1B approvals each fiscal year, of which 6,800 are set aside for the H-1B1 visa program under the U.S.-Chile and U.S.-Singapore Free Trade Agreements. In addition to the standard H-1B cap availability of 58,200, the H-1B Visa Reform Act of 2004 makes available 20,000 additional H-1B numbers for foreign workers with a master's or higher degree from a