H-1B: The visa of Choice for Highly Skilled Foreign Nationals

H-1B: The Visa of Choice for Highly Skilled Foreign Nationals in the Scientific Community.

We are rapidly approaching the April 1st deadline for the filing for new H-1B visas for the 2010-2011 Fiscal Year (FY 2010-2011). To ensure success of an H-1B for 2010-2011, H-1B Petitions should be properly filed with the U.S. Department of Homeland Security ("DHS"), Citizenship and Immigration Services ("CIS") on April 1st, 2010. If you do not begin to make preparations as early as possible then you and your prospective H-1B employer may be unable to secure an H-1B (subject to the cap) for an October 1st, 2010 start date.

Unless Congress acts immediately to increase the quota of 65,000 visas (plus and additional 20,000 for those with Masters Degrees from U.S. Academic Institutions), the allotted number of H-1B visas may be taken on the very first day that the petitions can be filed. This is what happened in the 2008-2009 Fiscal Year and it is not clear whether or not the same thing is going to happen during the 2010-2011 Fiscal Year.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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