Visa Category H-1B Cap for FY2010 Has Been Reached
U.S. Citizenship and Immigration Services (USCIS) has made an announcement stating that the H-1B visa cap has been reached for Fiscal Year 2010 (FY2010.) 65,000 new H-1B visas are the maximum number of visas authorized by the congress for each fiscal year. But, the first 20,000 H-1B visas issued to individuals who fall under the advanced degree in the U.S. are excluded from the 65,000 cap. As of December 21, 2009, the USCIS has also received more than 20,000 H-1B petitions from individuals excluded from the H-1B visa cap under the advanced degree exemption.
The numerical restriction specified yearly by the Congress on some of the nonimmigrant visa applications is called Cap. H-1B and H-2B fall under this category. Cap is contemplated to control the number of workers that can acquire a visa agreeable to a particular nonimmigrant classification in a fiscal year to enter the United States of America.
This numerical restriction helps manage the number of outsiders already present in the United States who can lawfully change their status to a cap-subject classification. Individuals kept out of the cap in a specific nonimmigrant classification and deciding to prolong their stay in this classification are generally not applicable to these annual numerical limitations.
United States employers desiring to employ foreign nationals in special jobs that require hypothetical or sound technical expertise use this H-1B non-immigration visa program. Architects, engineers, computer programmers, accountants, doctors, college professors, and certain renowned fashion models of merit are the most common occupations included in the H-1B non-immigration visa program. This visa program is also applicable to about 100 persons with exceptional services with Department of Defense (DOD) research and development projects. All nonimmigrant visa applications are not subject to the cap.
U.S. Citizenship and Immigration Services (USCIS) plans to use a computerized random selection for all petitions received for the H-1B visa cap. Petitions received after December 21, 2009 will be rejected by USCIS.