Update on Cap-Subject H-1B Petitions


On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) began accepting new H-1B petitions against the annual H-1B cap for Fiscal Year 2013. USCIS announced yesterday that 22,323 cap-subject H-1B petitions have been received since April 2, 2012. Approximately 25% of these petitions are for individuals qualifying for the “Master’s cap” with advanced degrees from U.S. educational institutions. This represents a sharp increase in demand for H-1B visas over last year. For comparison to last year, during the first week of April 2011 USCIS received only 10,400 new H-1B petitions toward the H-1B cap. The spike in demand for H-1B visas this early in the year is a strong indication that H-1B visa numbers will almost certainly be exhausted in the summer.

If you have employees who require H-1B sponsorship this year (e.g., employees working pursuant to F-1 Optional Practical Training, or employees working in J-1, L-1, and/or TN visa status who may need H-1B classification as a step to securing a green card), please contact us to discuss initiation of the H-1B petition process as soon as possible. Congress has placed a strict numerical cap or limit on the number of H-1B visas that are available annually. Specifically, 65,000 new H-1B visas are available each year, with an additional 20,000 visas reserved for applicants holding advanced degrees from U.S. educational institutions.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

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.

© Mintz Levin - Immigration Law | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.