General Nonimmigrant Visa

This report examines the number and characteristics of nonimmigrant admissions in fiscal year 2009.

The H-1B Program

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.

How USCIS Determines if an H-1B Petition is Subject to the FY 2011 Cap

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of Oct. 1, 2010 under the Fiscal Year (FY) 2011 H-1B cap.

Questions & Answers

Q: What is the H-1B cap?

A: The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. For FY 2011, the cap is 65,000.

[Federal Register: December 23, 2009 (Volume 74, Number 245)]
[Proposed Rules]
[Page 68200-68208]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de09-23]

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DEPARTMENT OF STATE

22 CFR Part 62

[Public Notice: 6853]

RIN 1400-AC56

Exchange Visitor Program--Secondary School Students

AGENCY: Department of State.

ACTION: Proposed rule with request for comment.

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As of December 15, 2009, approximately 64,200 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.

On December 14, 2009, the Department of State published a proposed rule in the Federal Register to increase the nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee, and Border Crossing Card (BCC) fees. The proposed rule also establishes a tiered structure with separate fees for different visa categories. 

Nonimmigrant visa application to be available via web-based by April 30, 2010.

DOS Bureau of Consular Affairs announced that it will deploy the DS-160 fully web-based nonimmigrant visa (NIV) application form worldwide. Complete global usage of DS-160 for all NIVS except K’s is expected by 04/30/10. DS-160 replaces the Electronic Visa Application Form (EVAF).

U.S. Citizenship and Immigration Services (USCIS) issued guidance on October 7, 2009  to clarify for performing arts associations and their members the regulatory requirements for agents who file as petitioners for the O and P visa classification.

O and P visas apply to non-immigrants with extraordinary ability in the sciences, arts, education, business or athletics, or in the motion picture and television field.  O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent. 

This program allows eligible employers to petition for Non-Resident Workers in CNMI.

U.S. Citizenship and Immigration Services (USCIS) published an interim final rule in the Federal Register that creates a Transitional Worker visa classification in the Commonwealth of the Northern Mariana Islands (CNMI). The CNMI-Only Transitional Worker Program is one of several initiatives that implements the Consolidated Natural Resources Act of 2008 (CNRA), which expands U.S. immigration law in the CNMI.