Reaching of the statutory cap means that no further cap-subject H-1B petitions will be accepted for employment with a work start date beginning in fiscal year 2010 (October 1, 2009 — September 30, 2010). H-1B petitions that are not subject to the statutory cap will continue to be accepted. USCIS will begin accepting cap-subject petition for employment beginning in fiscal year 2011 (October 1, 2010 — September 30, 2011) on April 1, 2010. Businesses interested in employing foreign nationals under the H-1B program should contact attorneys regarding representation well before the April 1, 2010 filing date. The H-1B program allows U.S. companies to employ foreign nationals in specialty occupations — those requiring specialized knowledge and a bachelors degree. Cap subject H-1B visas are subject to an annual statutory cap of 65,000. An additional cap of 20,000 is set aside for H-1B petitions requiring masters degrees. Certain employment offers, like those at institutions of of higher educatino or relted or affiliated nonprofit entities, or non-profit research organizations, or governmental research organiztions, are not subject to H-1B numerical cap limitations.
