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H-1B Cap-Subject Filings Begin April 1, 2011

March 18, 2011

This year’s H-1B filings begin April 1, 2011 (for Fiscal Year 2012).  Even though the filings begin April 1, the H-1B individuals might not be able to arrive in the United States until late 2011 (Sep/Oct) or early 2012 to work for you (given the delays at consulates).  Thursday, March 31, 2011 is the date that H-1B cases could first be shipped to USCIS (for April 1 delivery) with an employment start date of October 1, 2011.  Just as last year, the Labor Condition Application (“LCA”) which is required as part of filing of an H-1B petition, is actually taking up to 7 days to be certified.  Regular H-1B quota is 58,200, not 65,000.  This is because 6,800 out of 65,000 are allotted for Chile and Singapore although any unused Singapore/Chile visa numbers from previous fiscal year will be added to the current year’s cap.  In addition, there will be 20,000 H-1B visas available for potential employees who have earned a U.S. masters or a higher degree.

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