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.

The H-1B category is still available for nationals of Chile and Singapore, and the numerical limit on the E-3 specialty occupation category for citizens of the Commonwealth of Australia has not yet been depleted.

USCIS will continue to process certain H-1B petitions already counted towards the cap, including requests to extend current H-1B validity and change an H-1B worker’s employer or terms of employment. In addition, USCIS will continue to accept petitions 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. Employers with petitions that were not accepted should explore alternative visa options with their Ogletree Deakins attorney.

Topics


Browse More Insights

Close up of american visa label in passport. SHallow depth of field.
Practice Group

Immigration

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.

Learn more

Sign up to receive emails about new developments and upcoming programs.

Sign Up Now