H-1B Cap Reached for FY-2013

By: The Chander Law Firm, P.C.

On June 12, 2012, USCIS announced on that it had reached the H-1B cap for fiscal year 2012 on June 11, 2012.  USCIS also announced it had exceeded the number of H-1B petitions under the advanced degree exemption on June 7, 2012. 

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 2013 (October 1, 2012 - September 30, 2013).  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 2014 (October 1, 2013 - September 30, 2014) on April 1, 2013.  Businesses interested in employing foreign nationals under the H-1B program should contact attorneys regarding representation well before the April 1, 2013 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 education or related  or affiliated nonprofit entities, or non-profit research organizations, or governmental research organizations, are not subject to H-1B numerical cap limitations.

Related Links

H-1B Fiscal Year (FY) 2013 Cap Season

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