USCIS to begin accepting H-1B Visa Petitions towards cap for 2011

USCIS Accepting H-1B Visas April 1

H-1B VisaUnited States Citizenship and Immigration Services will begin accepting H-1B Visa petitions filed on the behalf of foreign workers by their employers that are subject to the cap for the fiscal year of 2011 on April 1, 2010.

The H-1B Visa is a work permit for the United States that allows people from foreign countries to work in occupations that require a higher level of skill or education than other occupations.

People who qualify for an H-1B Visa in the United States are normally applying for a position that requires them to have a bachelor’s degree or higher, and they must have a job offer from a United States employer already in place that offers the “prevailing” or median wage for the area in which they will be working.

H-1B Visa Cap of 65,000

The limit is 65,000, although the first 20,000 who are filed for people with a master’s degree or higher obtained within the United States are exempt from the limit. People who are also exempt from the cap include those who will be working at government research organizations, nonprofit research organizations or institutions of higher learning.

It’s especially important  ensure that all of the information on the H-1B petition is in order, because the USCIS will not consider a petition to be acceptable based on the date received as determined only by the postmark. They will only consider a petition to be “accepted” on the date that they receive it properly filled out and only if it has the appropriate fee included.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: are USCIS accepting L1 petitions H-1 cap us immigration attorney us immigration lawyer US Work Permit US Work Visa USCIS

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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