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H-1B visa

Ah hello.

I saw the following at the bottom of an advert for a job in the US:

"According to the U.S. Citizenship and Immigration Services (USCIS), the H-1B visa cap has been met for the fiscal year 2011 (October 1, 2011-September 30, 2012.)"

Can someone please tell me what it means?

TIA
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mrwad99
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mrwad99
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aleghartCommented:
That's weird.  As of 1 week ago, they were nowhere near closed for FY 2012.

FY 2011 closed on April 1, 2011.  Why would the job listing be referencing FY 2011 cap being bet?  Any new job listing should be putting applications in for FY 2012 already.

I think the job listing must be a little old if it is referencing FY 2011.  You should contact them and see if the position is still open for FY 2012.
Cap Type                 Cap Amount    Cap Eligible Petitions   Date of Last Count

H-1B Regular Cap         65,000        10,200                   5/6/2011

H-1B Master’s Exemption  20,000         7,300                   5/6/2011

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aleghartCommented:
The FY 2011 cap was reached on 27 Jan.  See here.  So your job listing was updated after that date, but before 01 Apr, when they could apply for FY 2012.  Or, maybe the target hire date still falls within FY 2011, so they can't use an H1-B to fill the position.
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mrwad99Author Commented:
aleghart, thanks for commenting.  

FYI, the job advert I read was posted in early March 2011.

I am a little wiser as to this now, but not totally clear (Sorry: this is my fault totally: I am sure you have explained it, but I just don't understand it, as yet :) )

So, it seems a "Cap" is a limit on the number of foreign people, in this case, who can have the H-1B visa.  Once that "cap" has been met, no more foreign people can have the visa, hence can't apply for the job.  Is this correct?

What is a "petition"?  (Have looked on your links - the term is mentioned all over the place but not explained)

>> The FY 2011 cap was reached on 27 Jan

Does that mean that the maximum number of foreign workers allowed was reached on 27th Jan, hence no more can be "taken on"?
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aleghartCommented:
I think you're understanding it correctly.  The employer is petitioning Immigration to allow an otherwise disqualified worker into the USA for work.  The petitions are granted for  top researchers, tech/security for specialized positions, etc.  The jobs must have at least a bachelor's degree as a minimum requirement. Exceptions are made for really good looking models.  No joke.  If you're good looking, you don't need an education, because the specialty job is looking pretty.

When the cap is met, no more H1-B petitions are accepted.  There are about 10% extra after the cap for a couple of special countries...political thing to encourage free trade.  After the current cap is met, there are still 6800 petitions available for Chile & Singapore citizens.
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mrwad99Author Commented:
Excellent.  Thanks very much for the help :)
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aleghartCommented:
Sorry, I may have been wrong.  The petitioner is the alien, not the employer.  Also, athlets are eligble for extraordinary status without educational requirements.

Have a great weekend.
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mrwad99Author Commented:
Right, thanks for correcting yourself:)  Have a good weekend too!
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