H-1B Filing Season Is Here

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On Monday, April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) will begin accepting cap-subject H-1B petitions for fiscal year 2013, with an employment start date of October 1, 2012. We recommend that all H-1B petitions subject to the FY 2013 cap be sent to USCIS on Friday, March 30 for receipt by USCIS on Monday, April 2. Any H-1B petitions subject to the cap received by USCIS before April 1 will be rejected.

There is a quota of 65,000 cap-subject H-1B visas each fiscal year. A separate allotment of 20,000 H-1B visas is available to foreign nationals holding a master’s degree or other advanced degree from a U.S. institution of higher education. Demand for H-1B visas has fluctuated in past years, as shown in the table below, with the cap being reached on the first few days of filing in 2007 and 2008. While it is not possible to predict H-1B visa demand for this year, employers are advised to submit their petitions as early as possible.

Please see full alert below for more information.

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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.

© Morgan Lewis | Attorney Advertising

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