Immigration Update: H-1B Limit Approaches; Increase in Filing Fees

By James M. Mei, Richard M. Rawson, and Christopher R. Helm
10.27.10

USCIS monitors H-1B visa quota for 2011 fiscal year

Each year, the U.S. Citizenship and Immigration Service (USCIS) allocates 65,000 H-1B visas to foreign nationals who hold a bachelor’s degree and have a job offer in a specialty occupation in the United States. An additional 20,000 H-1B visas are reserved for foreign nationals with advanced degrees from a U.S. college or university.

As of Oct. 22, 2010, approximately 44,300 H-1B cap-subject petitions had been received by USCIS. In addition, 16,200 H-1B petitions for beneficiaries with advanced degrees had been received.

Employers are reminded that they should file their H-1B petitions as soon as possible to ensure they will be received by USCIS before the congressionally mandated H-1B caps are reached.

For more information, please see the USCIS H-1b Web page.

USCIS issues revised fee schedule effective Nov. 23, 2010

On Sept. 23, 2010, the USCIS announced it will increase filing fees for immigration-related benefits by an average of 10 percent. The fee increase is based on a final rule issued by the Department of Homeland Security that will become effective Nov. 23, 2010.

Applications or petitions received on or after Nov. 23, 2010, will require the new fees.

For more details about the fee increase including a complete fee schedule, please see the USCIS press release.

Reminder: H-1B and L-1 fee increase for certain employers

For information on H-1B and L-1 fee increases for employers with 50 or more employees, of which more than 50 percent are H-1B or L-1 workers, please see our August 2010 advisory.

About Joe Wallin

Joe Wallin focuses on emerging, high growth, and startup companies. Joe frequently represents companies in angel and venture financings, mergers and acquisitions, and other significant business transactions. Joe also represents investors in U.S. businesses, and provides general counsel services for companies from startup to post-public.
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