Immigration Attorney Jessica Meng

Posts Tagged ‘H-1B’

According to USCIS.org, The H1B cap for FY 2010 was reached on December 21, 2009:

Fiscal Year 2010 H-1B Cap Count

As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010.  USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009   USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.

There are, however, exemptions.

H-1B Employer Exemptions

H-1B nonimmigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap.

H-1B Advanced Degree Exemption

The H-1B Visa Reform Act of 2004 makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution. For each fiscal year, 20,000 beneficiaries of H-1B petitions on behalf of persons who hold such credentials are statutorily exempted from the cap.

Please check out the following government official web site for updates and further details:

http://www.uscis.gov/h-1b_count

Definition. H-1B specialty worker visa petitions are filed by U.S. employers with the U.S. Citizenship & Immigration Services (USCIS) for professionals (with bachelor or higher degree in specific occupational specialty) to perform services in that specialty occupation.

An H-1B worker must satisfy the specialty occupation defined by 8 CFR 214.2:
Specialty Occupation means an occupation that requires:
(1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
(2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
(3) The employer normally requires a degree or its equivalent for the position; or
(4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

Term. Initially 3 years; extensions can be granted for up to a total of 6 years, H-1B visa holders are eligible to apply for a one-year extension of H-1B status pursuant to the American Competitiveness in the 21st Century Act of 2000 (Pub.L.106-313). Under this legislation, as long as 365 days have elapsed since the filing of a labor certification application or an immigrant visa petition, H-1B status can be extended in one-year increments beyond the six-year limit until a final decision is made on the pending application or petition. Pursuant to the Section 104(c) of American Competitiveness in the 21st Century Act of 2000, aliens are eligible to have their H-1B status extended for a period of up to three years beyond the six-year limit provided an alien is the beneficiary of an approved I-140 petition and there is immigration visa backlog which prevent the alien from adjustment of his status.

Full Time/Part Time. There is no requirement that the position be full time. H-1B visa is available for part-time employment. Concurrent employment of the same specialty worker by multiple employers is also allowed.