UNITED STATES – Initiate New H-1B filings Now for FY 2014!
United States Citizenship and Immigration Services (USCIS) will start accepting H-1B cases subject to the annual H-1B cap beginning on Monday 1 April 1 2013 for a 1 October 2013 start date.
H-1B Cap Background
Most H-1B petitions are subject to an annual 65,000 numerical quota, with an additional 20,000 slots available for individuals with a U.S. master’s degrees or higher.
If USCIS receives more petitions than it can accept – in recent years the H-1B cap has taken several months to fill all quota numbers (June 2012 for FY 2013 and November 2011 for FY 2012) - it will announce a final receipt date and randomly select cases to be included in the cap and reject other petitions.
H-1B Cap Exemptions
Of course, many H-1B petitions are exempt from the cap, including those made on behalf of H-1B workers previously counted against the cap.
It is possible that the H-1B quota will be exhausted in the first few weeks of April. Once this occurs, there will be no H-1Bs available for cap-subject employers prior to a 1 October 2014 start date.
Action Items
- Initiate any new H-1B petitions with your U.S. immigration attorneys as soon as possible.
