It's that time again... H-1Bs for Fiscal Year 2011

It seems like only yesterday we were talking about how H-1B visas were going to run out for Fiscal Year 2010.  Sure enough, the H-1B cap was met on December 21, 2010.  The 2010 H-1B filing season ran on unusually long last year, due to the downturn in the economy.  In a "normal" year the H-1B visa cap is met within a few days after the U.S. Citizenship and Immigration Services (USCIS) begins accepting petitions.  In fact, USCIS usually receives so many petitions that they have to use a computer-generated lottery system to choose the lucky 65,000 petitions that they will process.

Now, we turn our attention to the Fiscal Year 2011 H-1B season.  As always, employers need to start planning well in advance, since they will be petitioning for employees to start work on October 1, 2010.  USCIS will begin accepting H-1B petitions on April 1, 2010 - less than two months from now.

Who is a good candidate for an H-1B visa?  Well, there are a few criteria:
1. The prospective employee must have at least the equivalent of a U.S. bachelor's degree
2. The job to be filled must normally require at least a bachelor's degree to perform
3. The prospective employee must possess any certifications or endorsements necessary to perform the position
3. The employer must promise that the H-1B worker won't adversely affect the wages or working conditions of their U.S. employees

If you believe that you are a good candidate to petition for an H-1B visa, you should contact an attorney experienced in immigration law, so that they can analyze your case and make sure you meet the Department of Labor and USCIS regulations.

What will the Fiscal Year 2011 H-1B season hold?  Will the 65,000 visa limit run out in the first few days, or will visas be available for months and months, as they were last year?  It's difficult to predict and depends on the rate of job growth in the U.S. economy as a whole... which is hard to predict.  The safest bet is to treat H-1B filings as though the cap will be met in the first few days of April.  That way, employers and employees alike can rest assured that they're not missing out on a chance that only comes once a year. 

Best of luck!