The U.S. Citizenship and Immigration Services (USCIS) announced on November 22, 2011 that it had received enough H-1B cap-subject petitions to reach the annual 65,000 “regular cap” limit and that it would reject petitions filed thereafter. USCIS exhausted the 20,000 H-1Bs reserved for foreign nationals with U.S.-earned advanced degrees on October 19. The H-1B1 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. Otherwise, USCIS will accept cap-subject H-1B petitions for FY 2013 on April 2, 2012 for employment with a start date of October 1, 2012 or later. Employers with petitions that were not accepted should explore alternative options with their Ogletree Deakins attorney.



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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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