H-1B Visas Remain Available for 2010-2011

by Fred Abramson on April 13, 2010 · 1 comment

New H-1B visa applications for Fiscal Year 2011 have been accepted by USCIS since April 1, 2010.  The Immigration service has received only approximately 13,750 H-1B visa petitions.  The cap for 2011 is 65,000.  This is a huge decrease in visa applications compared to 2010.  I expect  that H-1B visa numbers will be available for quite some time.

H1-B applications can be filed with premium processing with an additional $1000 fee.  If you file an application using premium processing, the USCIS must process your application within 15 days that the petition is received.

What is an H-1B visa?

H-1B visas are granted by the immigration service (USCIS) to foreign nationals that are individuals who are offered a position in a specialty occupation.

What is a Specialty Occupation?

A specialized occupation is one in which require a high level of specialized knowledge.  The Immigration Service generally mandates that the job offered to would required at least the equivalent of a 4-year US Bachelor’s degree.

Employer Requirements:

  • The job offer must be in a specialty occupation
  • The job offered for the visa must meet Department of Labor criteria for wages
  • The company, not the employee submits the immigration visa application
  • No US Citizen is available for the job

Advertising Requirements:

  • The employer is required to advertise the position offered in the United States before petitioning to employ H-1B workers for those positions

If you have a question regarding H-1B visas or any immigration matter, contract me at the Law Office of Frederic R. Abramson at 212-233-0666.

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  • Steve Yakoba

    To believe that there are no qualified Americans to fill these positions is a complete fallacy. Large corporations are the almost exclusive sponsor of H-1B foreigners, why? They can get them far cheaper than an American worker and abuse them as they wish under threat of canceling their assignment. All true.

    With 25M Americans out of work, there's no need for 65,000 more people taking away jobs. Maybe, maybe there's a need for 1000 foreign specialists, but even that's unlikely.

    Time to end H-1B's.

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