May 25, 2012

USCIS Still Accepting H-1B Petitions for Fiscal Year 2011

April 1, 2010 marked the first day that employers were permitted to file H-1B (specialty occupation professionals) with U.S. Citizenship and Immigration Services ("USCIS") for Fiscal Year 2011. As of April 22, 2010, USCIS had received 16,025 petitions counted under the H-1B numerical limitation of 65,000 and had received an additional 6,739 petitions (of the 20,000 allowable) that are exempt from the cap because the beneficiaries hold a U.S. master's degree or higher.

The numerical limitation for the H-1B category for FY2010 was reached on December 21, 2009. There is no way to determine when the FY2011 will be reached. Employers are urged to file a petition as soon as possible if they are interested in obtaining an H-1B approval for a new hire or for existing employees who have limited work authorization, such as F-1 students with employment authorization cards or J-1 exchange visitors holding academic training work permission.
 

© 2012 Dinsmore & Shohl LLP. All rights reserved.

About the Author

Partner

Gregory P. Adams is a Partner in the Corporate Department and Chair of the Immigration Practice Group. Greg concentrates his practice on U.S. Immigration and Nationality Law. He counsels domestic and international businesses, educational institutions, and not-for-profit entities regarding temporary and permanent business-, employment-, and investment-related U.S. visas. He has represented high tech (Route 128/495) clients on immigration cases for two decades, including development of immigration policies and the architecture and procedures for handling large volumes of cases. Greg also...

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