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For those who still wish to file H-1b applications for the 2011 fiscal year, the USCIS will continue to accept them. As of July 9, 2010, of the 65,000 H-1b visas available, only 24,800 have been receipted by the USCIS. That is good news. U.S. business needing foreign workers for specialty occupations may still file for a H-1b visa.
The H-1B Program
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.
For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.
How USCIS Determines if an H-1B Petition is Subject to the FY 2011 Cap
USCIS uses the information provided in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (Form I-129, pages 14 through 15) to determine whether a petition is subject to the 65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.
Cap Eligible Petitions
This is the number of petitions that USCIS has accepted for this particular type of cap. It includes cases that have been approved or are still pending. It does not include petitions that have been denied.
Petition Target
This is the number of petitions that USCIS projects it will need for the cap to be met.
Cap Amounts
The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.
H-1B Department of Defense (DOD) Cooperative Research Project Workers Count
Regulations allow for no more than 100 aliens to be admitted as an H-1B nonimmigrant performing services related to a DOD cooperative research and development project or coproduction project in the United States at any one time. See 8 CFR 214.2(h)(8)(B). As of June 15, 2010, the count for this category of H-1B nonimmigrants is 5.
When to File an FY 2011 H-1B Cap-Subject Petition
USCIS began accepting H-1B petitions on April 1, 2010 that are subject to the FY 2011 cap. Petitions subject to the FY 2011 cap must request a start date on or after October 1, 2010, the first day of the fiscal year. You may file an H-1B petition no more than 6-months in advance of the requested start date.
Note: If you request a start date for a FY 2011 cap-subject H-1B petition that is prior to Oct. 1, 2010, your petition will be rejected.
How to Ensure USCIS Considers Your H-1B Cap-Subject Petition Properly Filed
Please comply with the following to ensure that your petition is properly filed:
Note: It is your responsibility to ensure that Form I-129 is completed accurately. Failure to complete Form I-129 with the correct information and provide the required fees or documentation may result in the rejection or denial of the H-1B petition.
Los Angeles Immigration Lawyer
U.S. Immigration Lawyer
www.GreenCard4You.com