Annual H-1B Visa Quota Filled for 2011

The annual 65000 H-1B Visa quota has been filled as of November 2012. This means that no H-1B Applications will be accepted until the visa category opens again in April 1 2012.

H-1B Visas Applications Now Filled

Many H-1B Petitioners were surprised to learn the news this week as there were still 1000s of openings as of last week.  However, there is no predicting when exactly the H-1B quota will be filled for any given year. Last year, for the 2010 round, the quota will filled in January of 2011, a whole 2 months after this this year

But there is good news.

TN Visas as an Alternative to H-1B Visas for Canadians

H-1B Visas are US work Visas for “speciality occupations” , usually where a University degree is required. For Canadian citizens who would otherwise qualify for a H-1B but now cannot apply until April 1, 2012, there may be options. For instance, many such applicants could possibly apply for a TN Visa which would allow them to work in the US in their occupation for up to 3 years. TN Visas are US work visas, like H-1Bs but are not directly transferable to a Green Card (US Permanent Residence) though the Adjustment of Status (AOS) process.

However, the big advantage of TNs over H-1Bs is they are work visas pursuant to the NAFTA  Agreement. This  means they can be obtained very quickly, with minimal paperwork and can be issued “on the spot” at a Canada/US Port of Entry. Finally, legal fees for TNs are typically lower than that of their H-1B counterpart.

L-1 Visa Eligibility for Those Working in a Canadian Affiliate

And for those working in a Canadian affiliate, branch or subsidiary of a US company, they may be eligible for an L-1 Visa again under NAFTA as an intercompany transferee.

So for many, the H-1B cap may be a “blessing in disguise”. US work visas are made easy under NAFTA!

Looking to Work in the US?

Working in the US requires you to apply for a work visa if you’re not a resident. But which visa is right for you?  VisaPlace can assist you through this process, feel free to contact us.

Michael Niren

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 Associate Member of the American Bar Association. Read more

One thought on “Annual H-1B Visa Quota Filled for 2011

  1. Michael Niren

    Contact us at 1-866-929-0991 or [email protected] for all your US Work visa needs. H1-B visa quota now filled. Consider TN Visas or L-1 Visas as alternative


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