H-1B is the nonimmigrant visa that allows work in the U.S. for up to six years (sometimes longer) for those that have at least the equivalent of a four year bachelor degree for an employer in the U.S. who needs such a degree and will pay at least the prevailing or actual wage. It is a much sought after visa classification ... usually.
Congress has designated only 65,000 H-1B's with an additional 20,000 for persons who has at least a masters degree from a US university.
Separately, in a job is for a U.S. university the is no "cap" at all. Jobs can be full time or part time.
By: Richard Fleischer, Attorney in Cincinnati Ohio practicing immigration law for over 35 years.
The government's fiscal year, which begins each October 1. Up until fiscal year 2010 the H-1B visa numbers for cap cases went extremely fast, being taken the first week of eligibility. Eligibility for file is six months before October 1 , that being April 1.
For fiscal year 2010 the H-1B cap numbers were not used until nearly the end of the calendar year in December so an employer, who does the actual filing for a potential employee, has until then to file. This fiscal year, 2011, the H-1B cap numbers are still available. How long will they remain open, who knows?
Obviously, the U.S. economy has played a huge part in this slow down" of filing by employers.However, since we do not know how many employer will file, it is urged that H-1B petitions to USCIS be filed as soon as possible to take advance of the opening.
By: Richard I. Fleischer, attorney in Cincinnati, Ohio who has practiced Immigration Law for over 35 years. Please contact him with any questions
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