Connecticut Technology & Intellectual Property

United States Citizenship and Immigration Services (“USCIS”) announced on May 26, 2009 that the cap for FY 2010 has not yet been reached. 

The “cap” is a numerical limitation imposed each year by Congress on the number of foreign workers who can obtain an H-1B visa.  There is a cap of 65,000 H-1B visas available to foreign workers in a “specialty occupation” which requires at least a B.A./ B.S. degree and a cap of $20,000 H-1B visas available to foreign workers in a “specialty occupation” with an advanced degree from a U.S. institution of higher education.  Typical examples of an H-1B-eligible “specialty occupation” include: architects, engineers, computer programmers, accountants, doctors and college professors.

For the fiscal year 2010, USCIS has so far received only 45,700 application against the 65,000 H-1B cap and 20,000 against the 20,000 advanced degree cap.  USCIS announced that it will continue to accept H-1B petitions against both caps (the applications received for advanced degrees will now be counted against the 65,000 regular cap). 

For companies in the technology fields, this means that there is still time to apply for an H-1B visa for their foreign workers who qualify as “specialty workers” (a minimum of a B.A./ B.S. degree and theoretical or technical expertise in a specialized field) and who will start employment in an H-1B status anywhere from October 1, 2009 and March 31, 2010. 

- Dana Bucin of Updike, Kelly &  Spellacy