Special Immigration Alert: H-1B Cap Reached for Fiscal Year 2013


On June 12, 2012, U.S. Citizenship and Immigration Services ("USCIS") announced that it had received a sufficient number of new H-1B petitions on June 11, 2012, to reach the statutory cap for fiscal year 2013 (October 1, 2012, through September 30, 2013). Under these circumstances, the USCIS indicated that June 11, 2012, was the final receipt date for new H-1B petitions requesting an employment start date in fiscal year 2013, and that the final receipt date would be the date on which it physically received the petition, not the date on which the petition was postmarked. The USCIS notice also stated that the agency will reject any cap-subject H-1B petitions that arrive after June 11, 2012, and return them with the accompanying fee.

USCIS will begin to accept new H-1B petitions for fiscal year 2014 (October 1, 2013, through September 30, 2014) on April, 2013.

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.

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