The U.S. Congress has set limits regarding H1B petitions for those in foreign countries who want to come to the U.S. to work and for those in the U.S. with an advanced degree who want to stay in the country and work. As an immigration lawyer with offices in the Stockton and Sacramento, I am constantly monitoring the cap.
H1B Employment Offer
For those in foreign countries the minimum educational requirement is a bachelor’s degree or the equivalent.
The U.S. Congress has set caps from those seeking H1B visas. They are set at 65,000 for H1B applicants from foreign countries and at 20,000 for those in with a U.S Master’s Degree or higher. In the past in my work as an immigration lawyer, I’ve seen people race to get their applications in as these slots have filled up quickly, within days of the initial application date.
April 1 is the initial date when people may apply. Once the cap is reached, no more applications are accepted. The deadline is not a postmark deadline but related to when applications are received by the USCIS.
Figures as of May 25, 2010
This year, as it was last year, applications seem to be slowly coming in. As of May 25, 2010, there have been 19,600 H1B regular applications and 8,200 H1B advanced degree applications. There are about 45,000 and 12,000 spots still available.
Apply Sooner than Later
Although applications are lagging, it’s still better to apply sooner than later. As a Sacramento Immigration Attorney, I handle cases from across the country related to all aspects of immigration law, including the H1B process.