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.

We use the information provided in Part C of the H-1B Data Collection and Filing Fee Exemption

Supplement (Form I-129, pages 14 through 15) to determine whether a petition is subject to the

65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the

advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has

obtained a U.S. master’s degree or higher.

H-1B

Regular

Cap

65,000 23,500 6/25/2010

H-1B

Master’s

Exemption

20,000 10,000 6/25/2010

This is the number of petitions that USCIS has accepted for this particular type of cap. It includes

cases that have been approved or are still pending. It does not include petitions that have been

denied.

This is the number of petitions that USCIS projects it will need for the cap to be met.

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.

Regulations allow for no more than 100 aliens to be admitted as an H-1B nonimmigrant

performing services related to a DOD cooperative research and development project or

coproduction project in the United States at any one time. See 8 CFR 214.2(h)(8)(B). As of June

15, 2010, the count for this category of H-1B nonimmigrants is 5.

We began accepting H-1B petitions on April 1, 2010 that are subject to the FY 2011 cap. Petitions

subject to the FY 2011 cap must request a start date on or after October 1, 2010, the first day of the

fiscal year. You may file an H-1B petition no more than 6-months in advance of the requested start

date.

Note: If you request a start date for a FY 2011 cap-subject H-1B petition that is prior to Oct. 1,

2010, your petition will be rejected.

How to Ensure USCIS Considers Your H-1B Cap-Subject Petition Properly Filed

Please comply with the following to ensure that your petition is properly filed:

Complete all sections of the Form I-129 petition, including the H Classification Supplement to

Form I-129 (pages 8 and 9 of Form I-129) and the H-1B Data Collection and Filing Fee

Exemption Supplement (pages 13 through 15).

Original signatures, preferably in blue ink, are required on each form.

Include a signed check or money order with the correct fee amount.

Ensure that all required documentation and evidence is submitted with the petition at the time

of filing.

Note: It is your responsibility to ensure that Form I-129 is completed accurately. Failure to

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complete Form I-129 with the correct information and provide the required fees or documentation

may result in the rejection or denial of the H-1B petition.

Additionally, be sure to file the petition at the correct USCIS Service Center. We will reject all H-1B

petitions filed at the wrong location. See section below on “Where to Mail Your H-1B Cap-Subject

Petition.”

Labor Condition Application (LCA)

You must submit a Department of Labor (DOL) certified LCA (Form ETA 9035) at the time of filing

your petition. A copy of the LCA is acceptable.

Note: USCIS encourages petitioners to keep DOL LCA processing times in mind when preparing

the H-1B petition and plan accordingly. If the LCA certified by DOL is for multiple positions, provide

the name and USCIS case receipt number of any alien who has previously utilized it.

Petitioners should ensure that they have signed the LCA prior to it being submitted.

Please see Department of Labor’s Office of Foreign Labor Certification website for further

information on the LCA process.

Evidence of Beneficiary’s Educational Background

You must submit evidence of the beneficiary’s educational degree at the time of filing. If all of the

requirements for the degree have been met, but the degree has not yet been awarded, the

following alternate evidence may be submitted:

A copy of the beneficiary’s final transcript; or

A letter from the Registrar confirming that all of the degree requirements have been met (if the

educational institution does not have a Registrar, such letter must be signed by the person in

charge of the educational records where the degree will be awarded).

A Duplicate Copy of the H-1B Petition

You must submit a duplicate copy of your H-1B petition at the time of filing only if the beneficiary

will be seeking nonimmigrant visa issuance abroad. USCIS will not make a second copy if one is

not provided.

You may also choose to submit a duplicate copy of the petition if the beneficiary is requesting a

change of status to H-1B or an extension of stay in case the beneficiary later decides to seek visa

issuance abroad or the H-1B petition is approved but the beneficiary’s concurrent change of

status or extension of stay request is denied.

Review the Department of State website to make sure that the consulate indicated on Form I-129

is able to process the beneficiary’s nonimmigrant visa application and for any other consulatespecific

special instructions.

You must file your petition at the correct Service Center depending on your jurisdiction. We have

established specific mailing addresses for purposes of identification and processing of H-1B

cap-subject cases.

To determine which jurisdiction you are in, see the link to the right for H-1B filing locations.

Note: A separate mailing address has been established for certain types of educational or

nonprofit organizations which file H-1B petitions on behalf of beneficiaries that are not counted

against the H-1B numerical limitations.

Please read the filing instructions very carefully. If you file your petition incorrectly, we will reject it.

Rejected petitions will not retain a filing date.

There are different fees depending on the type of H-1B petition you are submitting. Please refer to

Fee Exemption and/or Determination (page 14 of Form I-129) for detailed instructions on fees.

The following fees may be required with a cap-subject petition:

Base filing fee:

$320

Data Collection and Filing Fee Exemption Supplement, Part B):

$750 for employers with 1 to 25 full-time equivalent employees, unless exempt

$1,500 for employers with 26 or more full-time equivalent employees, unless exempt

$500 to be submitted with the initial H-1B petition filed on behalf of each beneficiary by a

petitioner (does not apply to Chile/Singapore H-1B1 petitions)

$1,000 for employers seeking Premium Processing Service

Immigration Services, dated within the last 6-months, and include the proper guarantee amount

and signature.

USCIS will reject all applications or petitions submitted with the incorrect filing fee. Rejected

petitions and petitions in which the check or other financial instrument used to pay the filing fee is

returned as non-payable will not retain a filing date. See 8 CFR 103.2(a)(7)(i).

While petitioners are generally provided the opportunity to correct a fee deficiency, pursuant to the

regulations, the filing date is not established until and unless the fee deficiency has been

corrected. H-1B cap-subject petitions with non-payable fees will be given a new filing date the day

the fee deficiency has been corrected, as long as the cap has not been met. If the new filing date

is after the cap has been met, the petition will be rejected.

H-1B petitions are eligible for the Premium Processing Service. Petitioners may choose to file a

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Request for Premium Processing Service (Form I-907) to have their petition adjudicated within 15

calendar days. To request premium processing submit

the Form I-907 and

the filing fee of $1,000 (this fee is in addition to the required base filing and other applicable

fees and cannot be waived).

You can file the Form I-907 and corresponding fee

at the same time as Form I-129 or

at any time after you file Form I-129 while it is still pending.

If filed after the Form I-129, be sure to include the receipt number (e.g., EAC 10 123 51234) of the

Form I-129 in the pertinent section of Form I-907.

Please see the link to the right for more information concerning the Premium Processing

program.

Clearly label all H-1B cap cases, preferably in red ink, on the top margin of Form I-129. Use the

following codes

Regular Cap (65,000 regular cap cases, not including Chile/Singapore cap cases)

C/S Cap (Chile/Singapore H-1B1s)

U.S. Master’s (20,000 exemption for beneficiaries with U.S. master’s or higher degrees)

A separate check for each applicable filing fee (Form I-129, Premium Processing, Fraud Fee,

and/or ACWIA fee) is preferred. Applicable fees should be stapled to the bottom right corner of the

top document.

Form I-907 (if filing for Premium Processing Service)

Form G-28 (if represented by an attorney or accredited representative)

Form I-129, Petition for a Nonimmigrant Worker

H Classification Supplement to Form I-129

H-1B Data Collection and Filing Fee Exemption Supplement

All supporting documentation to establish eligibility

Provide a Table of Contents for supporting documentation

Tab items as listed in Table of Contents

Arrival-Departure Record (Form I-94) if the beneficiary is in the U.S.

SEVIS Form I-20 if the beneficiary is a current or former F-1 student or F-2 dependent

SEVIS Form DS-2019 if the beneficiary is a current or former J-1 or J-2

Form I-566 if the beneficiary is a current A or G nonimmigrant

DOL certified LCA, Form ETA 9035

Employer/attorney/representative letter(s)

Other supporting documentation.

Duplicate copy of the petition, if necessary. Clearly identify the duplicate copy of the petition as

“COPY”, so that it is not mistaken for a duplicate filing.

If multiple petitions will be included in the same courier service or Post Office package, please

place individual petitions into separate envelopes within the package. Individual petition

envelopes should be marked with the following labels to reference the type of petition

Master’s Premium

Master’s

Regular Premium

Regular

Chile/Singapore

Use if the petitioner will be represented by an attorney or other accredited representative

Complete all sections of the form accurately

Include the printed name and signature of the representative, preferably in blue ink

Include the original signature of the petitioner, preferably in blue ink

Complete all sections of the form accurately.

Ensure that the petition is properly signed. Please see the Related Links section for more

information on properly signing the petition.

Ensure the beneficiary’s name is spelled properly and that his/her date of birth is displayed in

the proper format (mm/dd/yyyy). Also, review that the country of birth/citizenship and the I-94

number (if applicable) is accurate.

If the beneficiary will ultimately be seeking issuance of a visa at a consular office abroad,

include a copy of the petition and supporting documentation should be included with the

filing. For cases where the beneficiary will be seeking a change of status or extension of stay

in the United States, you may provide a copy is suggested, but it is not required.

If the beneficiary is seeking an extension or change of status, the petition should include

evidence (e.g. Form I-94 or Form I-797 approval notice) to establish that the beneficiary will

have maintained a valid nonimmigrant status through the employment start date being

requested.

Provide a copy of the beneficiary’s valid passport.

Complete all sections of the form accurately.

In listing previous periods of stay in H/L classification (question 3), include the actual

nonimmigrant classification held (e.g. H-1B or L-1).

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Petitioner must sign the form, preferably in blue ink.

Complete all sections of the form accurately.

Enclose page 13 of the Form I-129 (with a revision date of March 11, 2009 or later) and

answer question 1d in Part A if you are using a version of Form I-129 with a revision date prior

to March 11, 2009.

Be sure to answer appropriately in Part A, question 5 and Part C, question 7 if the beneficiary

has earned a master’s degree or higher from a U.S. educational institution.

Part C, question 6 is not relevant if the petition does not involve a change of employer. Thus,

please answer “no” or provide an “N/A” in the margin of the form to the left of the question.

Petitioner must sign the form, preferably in blue ink.

Complete all sections of the form accurately with original signatures. We will now only accept

the 8/10/09 edition of Form I-907.

The representative should sign in both Parts 3 and 4 of the Form I-907 if there is a valid Form

G-28 with the filing. Otherwise, the petitioner’s signature is required. Preferably, the

signature(s) should be in blue ink.

Include a copy of the Form I-129 receipt notice along with the Form I-907 when Form I-907 is

filed after the filing of Form I-129.