It appears that only a few thousand H-1B Visa numbers continue to be available for new, private, H-1B Petitions during the current (FY 2011) fiscal year. Additional numbers continue to be available for citizens of Chile and Singapore who have a special allotment set aside based on certain treaty agreements.

Only a handful of numbers remain available out of the 20,000 set aside for applicants possessing a Masters Degree earned in the U.S.

Any private ("non-exempt") employers contemplating the filing of a new H-1B visa Petition for employment to begin prior to October 1, 2011 must proceed immediately to avoid disappointment.

Caution: because of the time it takes to obtain a Prevailing Wage determination and secure an approved Labor Condition Application, there can be no assurance that cases initiated now can be filed in time to secure a number.

In another recent development, the Immigration Service has recently applied a very strict view of the concept of “affiliation” to an institution of higher education required for a non-profit to be considered cap-exempt. Unless and until a more realistic interpretation is adopted, these organizations will be urged to apply under the cap, substantially increasing demand in these remaining days.

After the supply of numbers is exhausted, the Immigration Service will continue to process the following types of H-1B Petitions for immediate employment in the private sector:

•   Extensions of stay for current H-1B workers.
   

• Changes in the terms or conditions of employment for current H-1B workers.
   

• Transfers of current “private” H-1B workers to new employers.
   

• New petitions for workers who previously held “private” H-1B status during the past six years who have not been absent from the U.S. for more than one year.
   

• Petitions for concurrent employment of H-1B workers.
   

• Petitions for new employment by cap-exempt employers.
   

Please feel free to contact us if you have any questions.

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Eml : Richard@Costariccio.com