Immigration Attorney Looks at Latest on H1B Cap

Immigration Attorney in San Francisco Considers Prospect of Reaching H1B Cap

The figures are coming in and I check them often in my San Francisco office where I serve clients all around the country as an immigration attorney. The figures pertain to H1B petitions and the caps—the 65,000 regular petition cap and 20,000 advanced degree petitions cap.

Where We Stand

As of June 11, 2010, there were 22,200 regular H1B cap filings and 9.400 advanced degree cap filings. The total number of petitions filed stands at 31,600 of 85,000 total. Filings are still low, especially in the advanced degree area where it was expected that after May graduation there would be a spike. But only 700 advanced degree petitions were filed in the two weeks following most graduations.

Why the Numbers May be Low?

There are various reasons as to why the numbers may be low. One is that those who graduated are in the process of trying to find an employer to sponsor them. That could be true. However, a second reason is more likely and that’s related to the US economy and a lack of jobs and, thus, businesses ready and willing to hire new employees. The jobs may just not be there.

Last year, the H1B regular cap was met by early December. This year, it looks as if we won’t hit the 65,000 mark. Projections reveal that there will probably be around 45,000 filings this year. The advanced degree cap will likely be reached but probably not until November or December.

Does that Mean You Should Wait?

No. Just because the cap for regular filings won’t probably be reached and the one for advanced degrees looks to be hit late in the year that does not mean that those who are eligible should wait to apply.

First, if you have a company that is going to hire and sponsor you, then you want to act quickly to ensure that all paperwork is processed on time. By the way, it must be done properly; if it’s not, there will be delays. Thus, applicants need to address all aspects of the process in a timely manner.

Another reason to facilitate the process as quickly as possible is the fact that these are projections and nothing more. The numbers may not follow what’s predicted and the advanced degree cap could be met sooner while the regular cap might be reached. You don’t want to be left out of the mix by procrastination.

Monitoring Will Continue

I will continue to monitor these trends and alert you to any changes or deviations from the projections. If you are going to file a H1B petition, you want to make sure that you do so properly and in a timely manner. In my San Francisco office, I handle numerous H1B petitions from all over the US.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at or at 415-986-6186 if you have any questions regarding H1B visas or immigration law.
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