News Update: FY 2013 H-1B Cap Reached

FY 2013 H-1B Cap Reached: USCIS announced this afternoon that it has received enough H-1B petitions to reach the H-1B cap for the 2013 fiscal year.

USCIS announced this afternoon that it has received enough H-1B petitions to reach the H-1B cap for the 2013 fiscal year. The final day for petitions to be accepted was Monday, Junio 11, 2012 for the regular cap, and Thursday, Junio 7, 2012 for the U.S. Master’s cap. All H-1B petitions received after those dates that are subject to the cap will be rejected. No new, cap-subject H-1B employment will be available until next year, when filings can begin during the first week of April for employment which will start on October 1, 2013. Please note that the cap being reached does not affect the ability of individuals who are already in H-1B status to apply for extensions or changes of employer, nor does it affect any employment which is exempt from the H-1B cap.

As a result, employers will need to explore alternative solutions to allow them to employ foreign nationals in specialty occupations prior to that date. The details vary from one individual to another, but there are several other visa classifications that may be available to provide a more immediate solution. Our office is happy to assist with identifying and pursuing any and all other options you may wish to pursue to meet your near-term needs. If you have any questions, please contact us at lohg@harrygee.com or by phone at 713-781-0071.