As of April 20, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received approximately 35,900 H-1B cap filings for employment in FY 2013: 25,000 petitions have been receipted against the “regular cap” of 65,000 and 10,900 H-1B petitions have been receipted against the “Master’s cap” of 20,000 for foreign nationals with advanced degrees from U.S. universities and colleges.

By this time last year, USCIS had received more than 12,000 H-1B cap-subject petitions, while in 2010 it had received over 19,000 cases over a similar period. The latest cap count reveals an increase of 5,600 filings in only a week since the agency’s last count on April 13. Based on the substantial increase in the 2013 H-1B cap filings, this year’s H-1B cap will be reached much earlier than in the past two years.

USCIS will continue to accept H-1B petitions until it has received a sufficient number of cases to meet the regular cap and the advanced degree caps for FY 2013. Employers should continue to identify persons for whom H-1B sponsorship will be needed, and contact the Ogletree Deakins attorney with whom you normally work to initiate any new H-1B petitions as soon as possible. This will allow sufficient time for petition preparation, including the time required to file and receive certification of the prerequisite Labor Condition Application (LCA). Ogletree Deakins is closely monitoring the availability of H-1B visa numbers and will provide further updates as the filing season progresses.


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Ogletree Deakins has one of the largest business immigration practices in the United States and provides a wide range of legal services for employers seeking temporary business visas and permanent residence on behalf of foreign national employees.

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