Update on H-1B Cap: 06/26/2009

2009-07-07T11:10:00.000-07:00

As of June 26, 2009, USCIS indicates it has received 44,800 H-1B applications. This leaves approximately 20,000 visas remaining for "non-exempt" H-1B applicants. As a reminder, H-1B visas cover the following:

What is a "Cap"

The word "Cap" used in this Update refers to annual numerical limitations set by Congress on certain nonimmigrant visa classifications, e.g., H-1B and H-2B. Caps control the number of workers that can be issued a visa in a given fiscal year to enter the United States pursuant to a particular nonimmigrant classification. Caps also control the number of aliens already in the United States that may be authorized to change status to a cap-subject classification.

H-1B Visa Program

The H-1B visa program is used by some U.S.employers to employ foreign
workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor's degree or its equivalent. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa
program also includes certain fashion models of distinguished merit and ability and up to 100 persons who will performing services of an exceptional nature in connection with Department of Defense (DOD) research and developmet projects or coproduction projects. The current
annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

H-1B Alert: Work visas still available

2009-06-17T09:39:00.000-07:00

As of June 12, 2009 approximately 20,600 H-1B visas are still available for work starting 10/01/2009. In sharp contrast to 2008, the annual allocation of 65,000 H-1B visas was not filled on the "opening day" that applications were accepted: April 1, 2009.

So hurry if you qualify for an H-1B work visa (professional and specialty occupations) or if you are an employer wanting to hire a qualified foreign national.

Visa Hot Topics

Update on H-1B Cap: 06/26/2009

H-1B Alert: Work visas still available