Update on H-1B Cap Count for Fiscal Year 2012

On November 23, 2011, U.S. Citizenship and Immigration Services (USCIS) announced that, as of November 22, 2011, it has received enough H-1B cap-subject petitions to reach the annual 65,000 “regular cap.” As we reported in the October 2011 issue of the Immigration eAuthority, USCIS previously confirmed that it had exhausted the 20,000 cap for foreign nationals with U.S.-earned advanced degrees. USCIS has stated that it will reject cap-subject petitions (for new H-1B visas requesting an employment start date in FY 2012) that are received after November 22, 2011. Consequently, the next available H-1B visas will be available for filing on April 1, 2012, with an employment start date of October 1, 2012.

For employers with cases that did not make the cap, Ogletree Deakins will be in touch with you to explore alternative options.