Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.


November 28‚ 2011

USCIS Announces Fiscal Year 2012 H-1B Cap Reached

On November 23, 2011, U.S. Citizenship and Immigration Services (USCIS) announced that, as of November 22, 2011, it had received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for Fiscal Year 2012 cap-subject H-1B visas. USCIS had previously announced that on October 19, 2011 it had also received more than 20,000 “U.S. Masters” H-1B petitions filed on behalf of individuals with U.S. advanced degrees. Accordingly, no more cap-subject H-1B petitions will be accepted by USCIS for this fiscal year which expires September 30, 2012.

Any cap-subject H-1B petitions received by USCIS after November 22, 2011 seeking an employment start date in FY 2012 will be returned and associated fees remitted.

USCIS will continue to accept and process petitions filed to:

·         extend the amount of time a current H-1B worker may remain in the U.S.;

·         change the terms of employment for current H-1B workers;

·         allow current H-1B workers to change employers; and

·         allow current H-1B workers to work concurrently in a second H-1B position.

We remind our clients that FY2013 H-1B visa petitions may be filed on April 1, 2012, requesting an October 1, 2012 start date. Employers who have missed the FY2012 cap should begin planning now for an April 1, 2012 filing date requesting a FY2013 H-1B visa.

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