USCIS to begin accepting H-1B Visa Petitions towards cap for 2011
USCIS Accepting H-1B Visas April 1
United 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.
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
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