U.S. Citizenship and Immigration Services (USCIS) announced on January 27, 2011 that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011.
USCIS is notifying the public that, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.
H-1B Quota / Cap Exemptions:
The following H-1B petitions are not subject to the annual quota:
- An amended H-1B petition.
- An H-1B Renewal/Extension petition.
- An H-1B Transfer petition.
- The employer is an institution of higher education (College or University).
- The employer is a nonprofit organization or entity related to or affiliated with an institution of higher education (Hospital affiliated with a University) and the Foreign National Beneficiary (Worker) is enrolled in the jointly managed program.
- The employer is a nonprofit research organization or a governmental research organization.
- The Foreign National Beneficiary (Worker) has been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the U.S. for more than a year after attaining such status.