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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.

This news alert was prepared using information provided by Maggio and Kattar

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.