ARTICLE
7 February 2011

Annual Cap For H-1B Petitions Reached

DP
Day Pitney LLP

Contributor

Day Pitney LLP logo
Day Pitney LLP is a full-service law firm with more than 300 attorneys in Boston, Connecticut, Florida, New Jersey, New York and Washington, DC. The firm offers clients strong corporate and litigation practices, with experience on behalf of large national and international corporations as well as emerging and middle-market companies. With one of the largest individual clients practices on the East Coast, the firm also has extensive experience assisting individuals and their families, fiduciaries and tax-exempt entities plan for the future.
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.
United States Employment and HR

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.

www.daypitney.com

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More