FY 2013 H-1B Cap Reached

The U.S. Citizenship and Immigration Services (USCIS) has announced that, as of June 11, 2012, it had received enough H-1B cap-subject petitions to reach the annual 65,000 “regular cap” limit. On June 7, 2012, USCIS also exhausted the 20,000 H-1Bs reserved for foreign nationals with U.S.-earned advanced degrees. USCIS will reject H-1B cap-subject petitions filed and received after June 11, 2012.

USCIS will continue to process certain H-1B petitions already counted towards the cap, petitions that are exempted from the cap, and DOD cooperative research worker H-1B petitions. Otherwise, USCIS will accept cap-subject H-1B petitions for FY 2014 on April 1, 2013 for employment with a start date of October 1, 2013 or later. For more information, click here.

Andrew W. Merrills is a shareholder in the Raleigh office of Ogletree Deakins, and he chairs the firm’s Immigration Practice Group. Sarah J. Hawk is a shareholder in the Atlanta office of Ogletree Deakins, and Nicole Brooks is an Immigration Client Resources Manager in the Raleigh office of Ogletree Deakins.


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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