H-1B Cap Reached for FY-2013

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


About the Author

Vishal Chander is an immigration attorney and founder of The Chander Law Firm PC in New York City. He advises employers and individuals on U.S. immigration strategy, including H-1B, PERM, and employment-based compliance.

The Chander Law Firm PC
469 Fashion Avenue, 12th Floor
New York, NY 10018
Phone: (212) 731-2444
www.chanderlaw.com