H1B Visa News May 2010

As an addition update for the Fy2011 H1B visa season that commenced April 1, 2010 we have had little change in the overall H1B visa quota numbers.

So as of May 14, 2010, which is the most recent h1b quota update the USCIS has announced. There are currently 19,000 petitions to count towards the general 65,000 H1B visa cap which only includes petitions that are approved or pending.
Anything that has already been denied is not included.

Additionally 8,100 petitions have been received for the US Advanced Degree exemption quota portion of 20,000. It should be noted that if the advanced degree quota fills up, then those petitions go into the pool for the regular 65,000 cap.

(It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap)

So it would seem that there is plenty of visas still available and judging by the moderate amount of applications received thus far, traditional H1B visa sponsor companies are still nowhere the levels of hiring they were in 2006-8,

Additionally this quota has not grown much since our H1B Visa April 2010 update and so our prediction of the autoa nearing exhaustion by the end of May 2010 is way off. In fact in about 40 days, the quota has only grown by about 6,000 for the main cap and about 2,500 for the advance degree exemption.

Certainly it would seem that the overall unchanged rate in the unemployment rate at the levels of close to 10% in the US overall is still having a large effect of the hiring of foreign talent.

As an additional note from the USCIS regarding Form I-907 which is used to request premium processing; (although this H1B visa season like last year, it may not really be as necessary with the H1B visa quota filling up so slowly)

H-1B petitions are eligible for the Premium Processing Service.  Petitioners may choose to file a Request for Premium Processing Service (Form I-907) to have their petition adjudicated within 15 calendar days. To request premium processing submit

  • the Form I-907 and
  • the filing fee of $1,000 (this fee is in addition to the required base filing and other applicable fees and cannot be waived).

You can file the Form I-907 and corresponding fee

  • at the same time as Form I-129 or
  • at any time after you file Form I-129 while it is still pending.

If filed after the Form I-129, be sure to include the receipt number (e.g., EAC 10 123 51234) of the Form I-129 in the pertinent section of Form I-907.

  • Complete all sections of the form accurately with original signatures.  We will accept the 08/28/06, 04/02/07, 07/30/07, and the 8/10/09 editions of Form I-907 through April 30, 2010. After April 30, 2010, we will only accept the 08/10/09 edition of Form I-907.
  • The representative should sign in both Parts 3 and 4 of the Form I-907 if there is a valid Form G-28 with the filing.  Otherwise, the petitioner’s signature is required.  Preferably, the signature(s) should be in blue ink.
  • Include a copy of the Form I-129 receipt notice along with the Form I-907 when Form I-907 is filed after the filing of Form I-129.

Also again it is good to note the change of address for sending applications here and for the official USCIS link about FY2011 H1B visa season, click here.


2 thoughts on “H1B Visa News May 2010

  1. Hi,
    firstly, thanks for all the info on here – i stumbled across it through google, and its been so helpful so far! i’m currently living in london although it is highly likely that my boyfriend will be transferred to new york early next year (just after christmas) and so i’m looking into the best way for me to find a job. i currently work in marketing for a ftse 100 company, with specialism in communications – is it likely that i could get a h1b visa? we’ve done quite a lot of research into what life will be like in nyc and we’re going to new york next week to visit friends. i’ve organised a meeting with a recruiter, do you think this is useful?

  2. Hi Sarah,
    Thanks for the kind words. You are certainly eligible for the H1B visa from your info and yes visiting a recruiter is certainly a good start. I would try and contact multiple and use LinkedIn as well to make yourself known generally and to get in touch with recruiters. Your chances are really dependent on you as it is not an easy road but people are successful if they keep try despite the inevitable bumps.
    Good Luck,

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