Your Complete Guide to National Interest Waivers and EB1 Green Cards

Important Update: USCIS Still Accepting FY 2011 H-1B Petitions

Many hospitals, doctors and scientists are contacting our office to find out about whether or not the H-1B cap has been met. It is not too late to file for a H-1B petition. Just a few days ago the United States Citizenship and Immigration Services (USCIS), which started accepting petitions for H-1B petitions on April 1, announced that they had received approximately 13,500 petitions towards the general cap. They are accepting 65,000. They have also received 5,600 petitions for those who have earned a U.S. master’s degree or higher. That cap is set at 20,000 and those are exempt from the 65,000.

The H-1B General petition is used by U.S. businesses, health care facilities and other organizations to hire foreign workers who are trained in specialty fields that require theoretical or technical expertise such as physicians, scientists, computers, science and engineering.

Petitions filed by those workers who have been counted against the cap in the past six years or by employers who are exempt from the cap are not counted towards the FY 2011 cap, which is mandated by the U.S. Congress.

If the cap is met, then the USCIS will issue an update as to that effect. Petitions are counted as they are physically received by the USCIS and not by the postmark date. The date that the USCIS informs the public that the cap has been reached may be different than the date that they receive the final petition. Updates regarding the number of petitions received may be found at http://www.uscis.gov/portal/site/uscis .

The process is fairly complex. We’ve worked with quite a few individuals and businesses, hospitals, health care facilities and Universiies ensuring that their petition is accurate and complete. Additionally, if your petition is received on the final date that the quota is filled, it may be randomly rejected. Thus, it’s best to get your petition in as soon as possible.

Those applying for a H-1B visa must prepare their petitions properly, filing all paperwork and following all regulatory guidelines. If this is not done, a person’s petition will be delayed and could be rejected. The starting work date for those filing and cap subject can be no earlier than October 1, 2010.

We can help facilitate your application and make sure that all regulatory guidelines are met. We’ll perform all work in a timely manner and our experience, which is extensive in this area, allows us to perform our services quickly and in an exact manner. Contact us at info@doctorsimmigrationlaw.com or 415-986-6186 to schedule an appointment.