February 22, 2010
Beginning April 1, 2010, employers may file petitions for H-1B visas on behalf of foreign nationals who are employed in specialty occupations that require the application of highly specialized knowledge and completion of a Bachelor's degree or higher in the specialty occupation, for start work dates of October 1, 2010 (the beginning of fiscal year 2011) ('FY2011'), or later. The annual cap on H-1B visas is 65,000 (6,800 additional H-1B visas are reserved for citizens of Chile and Singapore pursuant to treaty obligations, for a total cap of 65,000 visas annually). Notably, the annual visa cap does not apply to H-1B visa transfers or extensions, or to foreign nationals working for educational or non-profit research organizations that are exempt from the cap.
In addition, 20,000 additional visas are available during FY2011 to foreign nationals who hold an advanced degree from a U.S. academic institution (commonly referred to as 'advanced degree' H-1B visas). Employers should consider using this category of H-1B visa for candidates who meet the educational requirements of the advanced degree. Employers should not file two applications for a single employee, under either the regular and advanced degree categories or other types of multiple filings, because this would be a violation of filing rules.
We strongly encourage employers to prepare new H-1B petitions promptly because the annual allotment of visas will likely be exhausted within the first 30-60 days of filing eligibility. Last year, the annual allotment was used by mid December. However, greater demand is expected this year. The Firm intends to file all of our clients' H-1B petitions for FY2011 on March 31, 2010, and we are requesting that clients provide us with all required documents by March 1, 2010. We also suggest that all applications be filed 'Premium Processing' to increase the likelihood of capturing an available visa.
We understand that this is an issue of significant and immediate concern to employers and we encourage you to contact us if you have any questions or require assistance. The Firm regularly assists employers with preparing and processing employment-based non-immigrant and immigrant visa applications. We welcome the opportunity to assist you or to answer any questions that you may have.
As always, please contact The Firm with any questions or concerns.
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