It’s a Good Idea to Get H 1B Visa Applications In Early

San Jose Immigration Attorney Looks at New Figures in H 1B process

Just a few years ago, the cap for H 1B visa applications would be reached in a few days. The H 1B visa is designed to allow U.S. employers to hire foreign workers for specific types of jobs that demand special skills, knowledge and training. As an immigration attorney, once the process begins, which is April 1, I’ve found that those from the San Jose area and other parts of the state who come to my office are anxious to get their paperwork in before the cap is reached.

H 1B Downturn

Last year, there was a huge downturn in applications, which was most likely related to the recession and a lack of employment opportunities in the U.S. Caps were met in December 2009, which is very late especially considering that the cap had been met within a few days or weeks each year prior.

It was thought by many that this downturn would continue this year, especially because applications for the H 1B were sluggish. And thus far this has been the case.

H 1B Cap Update for 2010

As of July 2, 2010, eligible petitions filed by those wanting to come to the U.S. totaled 24,200 and 10,400 in the category of those already in the U.S. who have just finished their advanced degree. That leaves approximately 41,800 for those outside the U.S. and 9,600 application slots still available for foreign students in the U.S. who hold their advanced degree. That means that applications are down from last year at this time by about 20,000.

Apply Now

Although applications are down, if you have been offered work by a US company that fits under the H 1B visa, then it is important to apply for your visa as soon as possible. Even if the cap is not reached, you want to facilitate your petition in order to ensure that you are able to work on your scheduled start date. Also, the quota was eventually reached late last year and that may be the case this year. Once the quota is reached, you will need to wait until the following year to apply.

An immigration attorney can help facilitate the H 1B process, making sure that your application is prepared in accordance with the USCIS regulations and policies (which change frequently). We expect to see more people from the San Jose area contacting our office as the time to apply dwindles.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento, California, at or at 800-753-1399 if you have any questions regarding immigration law.

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