The U.S. Citizenship and Immigration Service (USCIS) announced that there are still H-1B visas available for the 2010 fiscal year. Through the month of September, the USCIS has received some 46,700 H-1B cap-subject petitions and 20,000 advanced degree cap-exempt petitions. The USCIS will continue to accept both types of petitions until they reach the statutory limits.
The current cap (that is, the number of visas that will be issued, in a particular classification, for the upcoming/current fiscal year) for the H-1B visa is 65,000; in addition, 20,000 H-1B visas are available for foreign workers holding a Masters (or higher) degree.
Each year, April 1st is the first day that the USCIS will accept H-1B visa applications for the upcoming fiscal year (October 1 - September 30). Recently, the quotas for applications would be fulfilled within the first week. In the last year, however, the USCIS has seen a marked reduction in the filing of applications for all work-related visas. This has resulted in a unique opportunity for businesses employing, and hoping to employ, foreign workers.
Please note, this does not guarantee that any foreign worker will be able to apply for and/or be granted an H-1B visa. Each petitioner must still go through the process of obtaining a Labor Condition Application (LCA) from the US Department of Labor for the specific position. Also, both the foreign worker, and the position, must qualify as H-1B eligible.
For an individual to qualify for an H-1B visa, one must have a bachelor’s or higher degree (or the foreign equivalent) in the specialty or a related field or the training/experience in the field that is equivalent to the degree(s).
For a job to qualify as a specialty occupation it must be one for which a bachelor’s or higher degree, or specialized knowledge, is the standard for the industry and/or the employer.
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