March 22, 2010

USCIS to Accept FY 2011 H-1B Petitions

Beginning April 1, 2010, USCIS will accept cap-subject H-1B petitions for adjudication for FY 2011. Unless falling under a special exemption such as those applying to certain educational institutions, all H-1B petitions filed on behalf of foreign nationals who have not held H-1B status in the last six years are subject to the 65,000 numerical limitation. As in past years, the first 20,000 petitions filed for beneficiaries with a U.S. Master’s degree or higher will also be exempt from the cap.

USCIS has stated that it will notify the public once it has received enough petitions to reach the cap, and if necessary, will select petitions in a random lottery if the number of cap-subject petitions received exceeds the 65,000 on the date it determines to be the final receipt date. All cap-subject petitions received after the final receipt date will be rejected.

For more information, visit the USCIS website.