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H-1B Cap Finally Reached -- Lottery To be Held for Cases Received on January 26, 2011

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H-1B Cap Finally Reached -- Lottery To be Held for Cases Received on January 26, 2011

January 28, 2011

The government exhausted H-1B numbers about one month later this fiscal year than last year (when it reached the cap the third week of December 2009). On January 27, 2011, the government announced that it received a sufficient number of H-1B petitions to reach the statutory cap for FY 2011 and that January 26, 2011 would be the cut-off date for cap-subject petitions received. Employers needing to reserve a FY H-1B number will now need to wait until April 1, 2011 to file (for a start date of October 1, 2011, which is when the 2012 fiscal year begins).

As in years past, the USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on the cut-off date. It typically takes a few weeks for the USCIS to tally up the petitions, issue receipts for cases accepted for processing and return those cap-subject cases which were not accepted. Lottery losers at least will receive their filing fees back.

We anticipate more demand for H-1B visas this year than last year.
January 19, 2011: Nearing End of H-1B FY numbers -- About 4,000 FY H-1B Visas Remain

The USCIS reports, that as of January 14, 2011, it has receipted approximately 60,700 H-1B cap-subject petitions and receipted the maximum 20,000 set aside for H-1B petitions for aliens with advanced degrees.

December 21, 2011: Fiscal Year H-1B Countdown

The USCIS's H-1B Cap Count update today relates that a mere 300 H-1B visas set aside for U.S. advanced degree holders remain, as of December 17. There are still about 11,000 regular cap-subject visas available for bachelor's or advanced degree holders. Employers wishing to grab a FY 2011 H-1B year number should file as soon as possible, or risk needing to wait until October 1, 2011, the start of the new fiscal year, to place FY 2012 H-1B holders on their payroll.

December 14, 2011: Fiscal Year H-1B Visa Update

The USCIS reports today that, as of December 10, 2010, it has received 52,400 H-1B visa petitions againsts the 65,000 annual cap and 19,100 H-1B petitions for aliens with US advanced degrees against the 20,000 additional set aside.

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