Columbus Immigration Attorney Discusses the FY 2011 H-1B Visa Cap Count

hourglass.jpgThe latest results issued by the USCIS indicate that there is still sufficient time to file for an H-1B visa to start in the 2011 fiscal year. The latest projections show that 53,900 of the 65,000 visas allotted for the FY 2011 have been accepted. The current rate of H-1B visa consumption indicates that petitioner’s will most likely have just enough time to file for a new H-1B visa beneficiary under the current cap and receive an approval to hire that worker on an H-1B basis without waiting until the next financial year, starting in October 2011. Companies that anticipate the need to hire a worker on an H-1B basis to keep up with staffing needs can still do so if quick action is taken.

The Amount of Time Needed to File an H-1B Visa on an Expedited Basis.

An H-1B visa can be filed with the USCIS in as little as nine days. Because of the new centralized system whereby the Department of Labor examines and approves the petitioning business’s existence as well as the wage to be paid to the beneficiary in relation to the location of employment and the proposed job duties, a wait time of about seven calendar days must now be calculated into each new H-1B visa. This wait is caused by the submission of a document called the Labor Condition Application (LCA) to the Department of Labor. Each application is reviewed by the Department of Labor, which checks to see if the company has a valid FEIN Tax ID number and if the petitioning company will be paying a salary that is equal or greater than the prevailing wage for the job applied for in the location of employment. However, with quick action and good communication between the petitioning company and its attorney, the LCA portion of the H-1B visa process can be quickly filed and approved.

What is the H-1B Visa Cap?

Congress has mandated that only 65,000 H-1B visa applications for persons who are filing for a new H-1B visa, as opposed to an extension of a previously approved H-1B visa, will be approved per year. Additionally, 20,000 more H-1B visas are allotted for persons who hold at least a master’s degree from a college or University in the United States. New H-1B visas are made available every October, but the USCIS allows petitions to be filed beginning in April of every year at the beginning of the fiscal year. Usually, the H-1B cap for visas to be handed out in October of 2010 has still not been reached. This means that petitioners still have the opportunity to hire an H-1B worker in the current fiscal year, or in other terms, immediately.

When will the H-1B Visa Cap be reached?

Although no one can predict with exact certainty the date that the H-1B cap will be reached, based upon the slow application rate thus far, it is fair to say that an H-1B visa that is filed within the next two weeks will have a fair chance of being accepted for processing.

How to Contact Us

If you have questions about an immigration visa or green card matter, and/or you need help in an immigration process, please contact our immigration attorneys or call The Law Firm of Shihab & Associates Co., LPA at the nearest office close to you to consult with an attorney. Our law firm handles various matters including Green Cards and Permanent Residence, family immigration, immigrant visas, non-immigrant visas, employment visas and H1B visas, Investor Visas, PERM applications, and many more. Please contact us and experience how our law firm can assist you in your immigration matters. Whether you are an employer, an employee or a family member, The Law Firm of Shihab & Associates, Co., LPA has competent, responsive and innovative lawyers who can make your immigration experience pleasant and seamless.