Rachel Browning’s Legal Blog

           Once again, the USCIS has announced that it is still accepting filings for H-1B petitions for the fiscal year 2010 program.  As of May 18, 2009, USCIS has received only 45,500 H-1B petitions counting toward the Congressionally-mandated 65,000 cap.  Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees, but it is continuing to accept advanced degree petitions because in previous years, not all petitions received were approvable.  

            H-1B visas are temporary work visas granted in increments of 3 years (renewable for up to 6 years).  H-1Bs are available to foreign nationals who have been offered jobs in a “specialty occupation,” or one involving the theoretical and practical application of a body of specialized knowledge (such as the sciences, information technology, medicine and health care, education, and engineering), for which a bachelor’s or master’s degree in the prospective field is a requirement.

            If you are an employer looking to hire a foreign national in a “specialty occupation,” but believe you had missed the April 1 “deadline,” it is not too late to apply.  New H-1B petitions could still be accepted.  Students who have recently completed their studies, and/or are working on OPT, but who have not found more long-term employment could still apply for an H-1B, provided they have procured an eligible occupation and a sponsoring employer.  

            Contact the Immigration Attorneys at Smith & Garg in Houston, The Woodlands, Spring, Texas or Long Beach, California for more information about the eligibility requirements, process and fees for applying to the H-1B 2010 program.