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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.
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