Business Immigration Insights

U.S. Citizenship and Immigration Services (USCIS) announced this afternoon that as of Monday, June 11, 2012, it has received sufficient H-1B petitions to reach the statutory cap for Fiscal Year 2013 (10/1/2012 through 9/30/2013). Perhaps a sign of an improving economic situation in the United States, this is significantly faster than the current fiscal year, when the cap was not reached until November 22, 2011.
 
The H-1B cap applies only to petitions for new employment, and generally does not affect H-1B sponsors who request extensions or a change of employers. Cap-subject H-1B petitions received by USCIS after June 11th will be rejected. Employers who wish to sponsor an H-1B worker should contact Hunton & Williams to determine whether an exemption from the cap may be available or to develop the best strategy for mitigating the effects of the cap being reached.

H-1B petitions for Fiscal Year 2014 may be submitted as early as April 1, 2013, for employment beginning on October 1, 2013.