H-1B Cap Update

September 2, 2010
By Sam Shihab & Assoc. on September 2, 2010 11:41 PM |

According to the latest United States Citizenship and Immigration Services (USCIS) count, released on August 27, there were 34,900 cap eligible petitions for the H-1B regular cap, and 13,000 cap eligible petitions for the H-1B Master's exemption filed. These numbers include all approved cases as well as the cases that are still pending and under review. The USCIS issues a total of 65,000 regular H-1B visas, and an additional 20,000 visas under the advanced degree exemption for foreign employees who possess a US master's degree or higher. Regular H-1B visas enable employers to hire foreign employees with a bachelor's degree or higher who work in specialty occupations, including business- and science-related fields.
The USCIS began accepting applications on April 1, and will continue to do so until limitations have been reached. After the cap limit is reached, applicants must wait for the next fiscal year to apply. In order to ensure the consideration of petitions, applicants must make sure the petition is properly filed by completing all sections of Form I-129, including proper payment with the application and submitting all necessary documentation at the time the petition is filed.