subject: Uscis To Accept H-1b Petitions For Fiscal Year 2011 Beginning April 1, 2010 [print this page] The United States Immigration Services (USCIS,) Washington announced on 4/1/2010 the acceptation of H-1B petitions pertaining to the fiscal year (FY) 2011 cap. The USCIS H1-B petitions will be considered as accepted on the date the USCIS receives proper H1-B petitions and correct fee and not by the postmarked date.
The H1-B petitioners should file the H1-B petitions with the statutory and regulatory requirements and possible evidence as required by the USCIS. To assist the petitioners in filing the H1-B petitions for FY2011, the USCIS has developed required details including a process worksheet in the USCIS official website.
The USCIS has termed 65,000 to be the numerical limit for the 2011 fiscal year cap. Exemption from the H1-B petitions cap will be given to the first 20,000 H1-B petitions filed on behalf of the H1-B petitioners who have earned a Masters degree or a higher degree in the U.S.
The public will be notified about the date on which the USCIS receives adequate H1-B petitions on the basis of H1-B petitions cap. A random selection of H1-B petitions received on the final receipt date will be done by the USCIS, if necessary to meet the numerical needs of the H1-B petitions cap. The USCIS will reject the cap-subject H1-B petitions that are not selected by the USCIS and the H1-B petitions received after the final receipt date.
If the personnel involved in the H1-B non-immigrant visa program, proposes to work at non-profit research organizations or government research organizations, work at education institutions providing higher education or allied non-profit entities in the U.S., they will be exempted from the annual cap in relation to the H1-B employment.
USCIS will continue to process petitions filed on behalf of H1-B workers who wish to change the terms of employment, H1-B workers who intend to work for a different employer, extension of stay period for H1-B workers required in the U.S., and H1-B workers requiring a work permit to work for a second employer consecutively.