H-1B cap for 2012 reached on June 11

Time has run out for filing H-1B petitions for employment starting October 1, 2012

For those of you who missed it, USCIS released the following notice today regarding the employment-based non-immigrant visas for professionals or specialty occupations.

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2013. Yesterday, June 11, 2012, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013.

Note: the government’s 2013 fiscal year begins on October 1, 2012.

In 2011, the cap was reached on November 23. We have no idea why the cap was reached so much earlier this year but could have something to do with a pick up in hiring and general economic activity in the U.S.

As in previous years, the H-1B cap is 65,000, with 6800 visas from this number designated for nationals from Singapore and Chile, based on trade treaties with these countries.  In our view, the 65,000 cap is completely at odds with repairing and sustaining the economic health of the United States.

We have had several clients who just missed the announced deadline because of delays with the Labor Condition Application (LCA) process.  In recent days, we noticed technical “anomalies” at the LCA website but we do not know if these were responsible for actual processing delays.

The next date for filing H-1B petitions will be April 1, 2013 for employment beginning on October 1, 2013. If you have any questions or need assistance with filing an H-1B petition, please contact our office.

Article categories: Employer-Based Immigration Law

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