Fiscal Year 2013 H-1B Cap Update

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H-1B Cap Numbers Going Fast – File Now

As of May 18, 2012, 42,000 H-1B cap-subject petitions were received by U.S. Citizenship and Immigration Services. Additionally, 16,000 H-1B petitions with advanced degrees have been received. It is important to note that up to 6,800 visas are 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.

The rate at which H-1B filings are being received continues to confirm that this year's quota will likely be reached much earlier than the Fiscal Year 2012 cap.

The cap-filing total continues to outpace the rate of the last several years. The rate at which H-1B filings are being received continues to confirm that this year's quota will likely be reached much earlier than the Fiscal Year 2012 cap. Employers that plan to petition for H-1B employment in Fiscal Year 2013 may want to seek legal counsel to ensure that cases can be filed while availability remains. Once the congressionally mandated cap has been reached, employers will not be able to file until April 1, 2013, for an October 1, 2013, start date.

Cap Type Cap Amount Cap Eligible Petitions

Date of Last Count

H-1B Regular Cap 65,000 42,000 May 18, 2012

H-1B Master’s Degree Exemption

20,000 16,000 May 18, 2012

For Further Information

If you have any questions about this Alert, please contact any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.

Published In: Immigration Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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