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UNITED STATES – FY 2013 H-1B Cap Reached

The U.S. Citizenship and Immigration Services (USCIS) has announced that, as of 11 June 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.

Exceptions to the Cap

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 financial year 2014 on 1 April 2013 for employment with a start date of 1 October 2013 or later. Employers with petitions that were not accepted should explore alternative options.

Action Items

  • Note that the H-1B cap has been reached; contact your U.S. attorney to discuss alternative options

This news alert was prepared using information provided by Ogletree Deakins. This is a copyright publication. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without written permission from Ogletree Deakins.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2021 Peregrine Immigration Management Ltd.