Fiscal Year 2011 (FY2011) H-1B Cap of 65,000 Reached on January 26, 2011.

• H-1B visa numbers for Fiscal Year 2011 (FY2011) lasted until January 26, 2011.
• H-1B visa numbers for Fiscal Year 2010 (FY2010) lasted all the way to December 21, 2009.
• Steps you can take to increase your likelihood of receiving an H-1B visa number.
• What Peng & Weber can do to help you petition for an H-1B visa number.

Fiscal Year 2011 (FY2011) H-1B visa numbers last until January 26, 2011

Reflecting the slow economy, Fiscal Year 2011 (FY2011) H-1B numbers lasted slightly longer than those of Fiscal Year 2010 (FY2010). Whereas FY2010 numbers ran out on December 21, 2009, FY2011 numbers lasted until January 26, 2011--almost exactly one month longer than the prior year. The last two years have been among the slowest rates of H-1B usage in many years.

Fiscal Year 2010 (FY2010) H-1B numbers lasted all the way to December 21, 2009.

H-1B visa usage for FY2008 and FY2009 showed that the H-1B visa quota for bachelor’s degree holders was met on the very first day petitioners could file for each year’s H-1B visa numbers. The much slower economy in 2009 and 2010, however, have resulted in much less demand than in prior years.

The big beneficiaries of the expected slower than normal use of H-1B numbers the last two years have been students who graduated in May or June of 2010--provided they could find a suitable H-1B position. Instead of completing one year in F-1 Optional Practical Training (OPT) before gambling on getting an H-1B visa number the following year, students have been able to graduate in May or June, start work immediately in OPT, and file to change to H-1B status promptly.

Steps you can take to increase your likelihood of receiving an H-1B visa number

Steps you can take to help ensure you can obtain an H-1B visa number in FY2012 and beyond include:

• Plan Ahead: Whether you are a potential H-1B employer or a potential H-1B employee, make a decision about whether you want to go forward with a particular employer or employee as soon as possible. If you do not make a decision until later on—especially if you wait until near the time the cap is met—you and your attorney may not have time to prepare and file your H-1B petition on time.
   
• Hire an Attorney Early: If you are going to hire an attorney to assist you with your H-1B petition, you should do so early on in the process. If you hire an attorney early, the attorney can help you get your case ready for filing promptly so that your case can be received by the USCIS before it closes the H-1B gate for the year. We would be happy to help. If you would like Peng & Weber to assist you, please contact us.

What Peng & Weber can do to help you petition for an FY2012 H-1B visa number

Here are the steps Peng & Weber can take to assist you with your H-1B petition filing for FY2012:

1. If you are a U.S. employer, please email us the resume of your candidate employee, along with a brief job description. We can then provide a free evaluation and an initial assessment of whether your candidate is eligible for H-1B classification. (Likewise, if you are an employee seeking your first H-1B petition, please email us your resume for a free evaluation, along with your employer’s basic company information and job description.) We will review your documentation to see if we can assist you. It is our law firm policy, however, that we do not accept a case unless we believe that you are eligible for H-1B classification. Please be advised that the initial free evaluation does not cover in-person consultation or extended telephone consultation. (You can read elsewhere on our website about our free evaluation and paid consultation services.)

2. After our initial free evaluation, we will inform you of the attorney fees and costs for our law firm to assist you with filing your H-1B petition.

3. If you are interested in retaining our legal services, we will email you a Legal Services Agreement for review and signature.

4. Upon receiving your signed Legal Services Agreement and the required check, we will begin to process your H-1B petition promptly and do everything we can to file your petition before USCIS announces that the cap has been met. (We cannot start on your case until we receive the signed Legal Services Agreement and required check.)

If you have additional questions about the H-1B cap, please see our H-1B Caps FAQs Page. Likewise, if you have questions about alternatives to H-1B or what your options are if you did not receive H-1B status, please see our Work Visas Page. If you would like Peng & Weber to assist you, please contact us.