Examination date
Deadline for
new applications* Deadline for reapplications*
Deadline to change
location/test date
8 July 2009 Deadline passed Deadline passed Deadline passed
11 November 2009 19 August 2009 16 September 2009 5 August 2009
*Application deadlines are firm unless extended by CGFNS. See our Web site at
http://www.cgfns.org/sections/programs/cp/cp-qe.shtml
The Nurses and Health Care
Professionals Applicant Newsletter June 2009
H-1B applications are below cap for 2010
For the first time in
several years, the cap on H-1B visas was not
reached during open enrollment, which started 1 April 2009. By 29
May 2009, the United States Citizenship and Immigration Services
(USCIS) announced that it had received 45,800 H-1B petitions
counting toward the congressionallymandated
65,000 cap. Enrollment will
remain open until that figure is reached.
The H-1B is a working visa that allows a
U.S. company to employ a non-U.S. citizen
for up to six years. Because applying
for a work visa is
generally quicker
than applying for a U.S. Green Card, staff
required on long-term assignments in the
United States are often initially brought in
using visas such as the H-1B.
Health professionals, such as physical
therapists, occupational therapists and
medical technologists often enter under
the H-1B visa. A few baccalaureateprepared
nurses who have been recruited
for positions that require a degree may be
eligible to enter the United States under
this category.
The USCIS will continue to accept
regular cap-subject H-1B petitions until a
sufficient number has been received to
reach the statutory limits.
The H-1B advanced degree
exemption
(see sidebar) has received the
full cap of 20,000 petitions. USCIS continues
to accept Masters petitions because not
all accepted cases are approvable.
The USCIS will continue to accept
both cap-subject petitions and advanced
degree petitions. When the USCIS declares
that the H-1B visa cap is met, all petitions
BREAKING NEWS
received on the last day will be subject to a random lottery. Until
the USCIS declares that the H-1B visa cap has been met, capsubject
H-1B petitions may continue to be filed.
Hammond Law Group, LLC, April 8 2009, Workpermit.com
http://www.workpermit.com/us/us_h1b.htm
What you need to know about H-1B
Taken from: U.S. Citizenship and Immigration Services
http://www.uscis.gov/h-1b_count
What is a ‘Cap’?
The word ‘cap’ used in this update refers to annual numerical limitations set by Congress on
certain nonimmigrant visa classifications, eg, H-1B and H-2B. Caps control the number of workers
that can be issued a visa in a given fiscal year to enter the United States, pursuant to a particular
nonimmigrant classification. Caps also control the number of aliens already in the United States
that may be authorized to change status to a cap-subject classification.
H-1B
The H-1B visa program is used by some U.S. employers to employ foreign workers in specialty
occupations that require theoretical or technical expertise in a specialized field and a bachelor’s
degree or its equivalent. Typical H-1B occupations include architects, engineers, computer
programmers, accountants, doctors and college professors. The H-1B visa program also includes
certain fashion models of distinguished merit and ability and up to 100 persons who will performing
services of an exceptional nature in connection with Department of Defense (DOD) research and
development projects or coproduction projects. The current annual cap on the H-1B category is
65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800
visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under
the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.
Unused numbers in this pool are made available for H-1B use for the next fiscal year.
H-1B Employer Exemptions
H-1B nonimmigrants who are employed, or who have received an offer of employment, by
institutions of higher education or a related or affiliated nonprofit entity, as well as those employed,
or who will be employed, by a nonprofit research organization or a governmental research
organization are exempt from the cap.
H-1B Advanced Degree Exemption
The H-1B Visa Reform Act of 2004 makes available 20,000 new H-1B visas for foreign workers
with a Master’s or higher level degree from a U.S. academic institution. For each fiscal year, 20,000
beneficiaries of H-1B petitions on behalf of persons who hold such credentials are statutorily
exempted from the cap.
Cgfns update on h1b applications below cap for 2010
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