U.S. Citizenship and Immigration Services Already Nearing 2011 Cap for H-1B Petitions

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The U.S. Citizenship and Immigration Services (USCIS) has announced that as of December 31, 2010, it has received 57,300 H-1B petitions out of the available 65,000 petitions for fiscal year 2011. In addition, USCIS announced that it has received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the H-1B master's-degree exemption. It is anticipated that the USCIS will reach the limit for cap-subject petitions soon, and all employers who wish to file new H-1B petitions should act promptly to do so.

H-1B petition extensions or petitions filed for a change of employer are not subject to the cap, unless the current H-1B employer was cap-exempt. H-1B petitions filed on behalf of individuals who have held H-1B status at any time during the last six years are also not subject to the cap, unless the H-1B employer was cap-exempt. Petitions filed by an institution of higher education or a related or affiliated nonprofit entity, or by a nonprofit research organization or governmental research organization, are also exempt from the annual cap.

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Published In: Immigration Updates, Labor & Employment Updates

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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