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Immigration News

Immigration News

28-Jan-2011

UNITED STATES OF AMERICA REACHES H-1B CAP

United States Citizenship and Immigration Services (USCIS) announced on 27 January 2011 that it received enough H-1B petitions for fiscal year 2011 to reach the annual cap of 65,000 visas.

Applications are considered to have been received on the date that USCIS physically receives the petition, the postmark date does not matter. Any petitions received after 26 January 2011 will not be considered for an H-1B visa.

USCIS has notified to the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.  All applications received on 26 January will be subjected to a computer generated random selection process from which enough applications required to meet the cap will be chosen.

USCIS will continue to accept and process applications filed for the following:

  • extend a current H-1B worker's visa so they may remain in the U.S.
  • change the terms of employment for current H-1B visa workers
  • allow current H-1B workers to switch employers
  • allow current H-1B workers to work in a second H-1B job

US employers can hire foreign workers in technical or specialty occupations that require "theoretical or technical expertise". These include occupations in research, engineering, and software development.

It was only a few years ago that the H-1B cap was reached in one day. In the period 2010-11 it has taken almost a year to reach the H1B cap.  The US economy is yet to fully recover from the global financial crisis of 2008. Compared to a few years ago there is less demand for professional level staff in the US.

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