by Chris Musillo




As of November 26, 2010, approximately 50,400 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 18,400 H-1B petitions for aliens with advanced degrees. There are 65,000 "regular" cap-subject visas and 20,000 "advanced degree" H-1Bs".



Historically, as the H-1B usage number has gotten closer to 65,000, the number of filings increases. Accordingly, MU urges all MU to prepare that the H-1B cap will be reached in January 2010, and may even be reached by year's end.

The H-1B is the common employment-based nonimmigrant visa. The H-1B is a common visa for healthcare professionals such as Physical TherapistsOccupational Therapists, Speech Language Pathologists,some nursing positions, and other professions ordinarily associated with a Bachelors degree or greater. The H-1B traditionally has been in great demand by the IT community.


Generally speaking "new" H-1B petitions are subject to the H-1B cap. Employees that may need an H-1B visa include:


- International students working on an EAD card under an OPT or CPT program after having attended a U.S. school;

- International employees working on a TN may need an H-1B filed for them in order for them to pursue a permanent residency (green card) case;

- Prospective international employees in another visa status e.g. H-4, L-2, J-1, F-1;- H-1B workers with a cap exempt organization; and

- Prospective international employees currently living abroad.


International workers who are working here in the U.S. on an H-1B visa with another cap-subject employer are not subject to H-1B cap. These cases are commonly referred to as "transfer" cases and may be filed at any time throughout the year.



Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.