Immigration

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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On April 1, 2010 The United States Citizenship and Immigration Service (USCIS) will accept new H-1B visa applications for Fiscal Year 2011 (for work which starts on October 1, 2010).  Now is the time to review your files to see whether you are in need of any H-1B visas for your workers.

You should be on the lookout for any interns from colleges working for you or anyone else who has a  J-1, E-1, E-2 or O-1, to H-1B visa. Be aware that the paperwork to file H-1B visa preparation is  more lengthy than ever.  This is because the Department of Labor is requiring a Federal Tax ID verification process.

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

H-B Limits:

  • Only 65,000 of the immigration visa applications are issued every year
  • Non-profits visa applications are exempt from the cap

Because the H-1B Visas are limited each year and often exhausted on the first day of filing, it is important to start the application process now.

Call the The Law Office of Frederic R. Abramson if you have a question about immigration at 212-233-0666 or visit my website.

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