Fiscal Year 2013 H-1B Cap Update: Count as of May 25, 2012

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U.S. Citizenship and Immigration Services (USCIS) reported that as of May 25, 2012, 48,400 petitions have been received against the congressionally mandated H-1B cap of 65,000, and 17,500 filings have been received against the cap exemption of the 20,000 for foreign nationals holding U.S. advanced degrees. The actual number of remaining H-1B cap availability remains unknown due to the lapse in time between when USCIS makes the count and the time it reports the count to the public.

Employers that plan to petition for H-1B employment in Fiscal Year 2013 may want to act promptly, as the pace of filings has accelerated with the advent of recent college graduations.

Cap Type Cap Amount Cap Eligible Petitions Date of Last Count
H-1B Regular Cap 65,000 48,400 May 25, 2012

H-1B Master’s Degree Exemption

20,000 17,500 May 25, 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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