The H1B 2011 Visa Program will again be the primary avenue for international students and/or highly-skilled professionals from other countries to live and work in the U.S. The H1B visa is the 'most wanted' work permit / visa that also makes it possible for foreign nationals to apply for a green card or permanent resident status. The H1B visa allows the applicant's spouse and children to accompany him/her and to live in America.
In order to be eligible for an H1B for 2011, the candidate must meet the H1B qualification requirements and must be employed in a "specialty H1B occupation" or a field requiring a high level of specialized knowledge.
To apply for an H1B visa, the applicant must obtain an H1B sponsorship employment offer from a U.S.-based employer, who is willing to sponsor the applicant to work in the USA, and apply / file for their H1B visa.
H1B 2011 Cap Count and Quota Numbers:
The 2011 H1B Quota will remain at a total of 85,000 allocation and availability for new H1B visa applications
H1B Transfers and H1B Extensions in 2011 are not subject to the quota and will remain unlimited with all year round filing
The cap-exempt H1B visa 2011 program will remain in effect and unchanged for H1B sponsorship and filing this year
The H1B 2011 quota (FY2012) officially opened on October 1st 2010 in alignment with the US Governments Fiscal Year start.
New H1B 2011 Visa - Changes To Expect and Prepare For:
The U.S. Citizenship and Immigration Services (USCIS) plans to revamp the H1B visa application procedure in 2011 by requiring US employers to submit an online H1B petition with limited data. If the petition is chosen, the employers will then be required to submit the remaining H1B documentation and forms. This new H1B application procedure would help the USCIS to streamline the current H1B filing process.
H1B Fee Update for 2011 Application Filing:
On November 23rd, 2010 the USCIS introduced new Immigration and visa filing fees. These new fees will be applicable for H1B visas filed and counted towards both the remaining 2010 H1B quota, and the 2011 H1B quota.
Changes to H1B Sponsor Company Rules:
The Employ American Workers Act (EAWA), which is part of the stimulus bill that President Obama signed into law in February of 2009 restricts US Companies that obtained "covered funding" through the Troubled Asset Relief Program (TARP) or pursuant to section 13 of the Federal Reserve Act, from hiring and sponsoring new H1B workers from February 2009 to February 2011. These companies that receive such funding were deemed "H1B dependent" employers
In effect, these companies have been 'shut-out' of the H1B sponsorship market for the 2009 and 2010 quotas.
In 2011 the restrictions placed on these companies are removed which means they can start employing H1B workers and filing H1B visa applications again. Expect many of these Companies to re-enter the H1B visa market with speed and high demand.
Re-Cap of Changes to H1B Sponsor Company Rules in 2010
In 2010 the USCIS introduced the H1B Employer Employee Relationship Restriction - this restriction will remain in effect and unchanged in the 2011 H1B period. This rule restricts agencies and consulting firms from hiring and sponsoring H1B workers, and then sub-contracting them out to other companies work locations
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