Sunday, July 18, 2010

Updated Count for H1B Cap Issued by USCIS

On July 14, 2010, the U.S. Citizenship and Immigration Service (USCIS) announced the newest numbers for the number of H1B visa petitions received under the Fiscal Year 2011 Cap.  The USCIS has stated that as of July 9, the USCIS has received approximately 24,00 petitions subject to the H1B visa cap.  In addition, USCIS has receipted 10,600 H-1B petitions for aliens with advanced degrees.

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.

How USCIS Determines if an H-1B Petition is Subject to the FY 2011 Cap

The USCIS uses information provided in in the H-1B Data Collection and Filing Fee Exemption Supplement 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 earned a U.S. master’s degree or higher.

If you would like to hire a foreign national in a specialty occupation, or if you would like to have an H1B petition filed for you, please contact Karol Brown at 425-519-3617 or email