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Immigration Alert: H-1B Cap Update for FY 2013

The annual supply of H-1B visas for the next fiscal year is almost exhausted. As of May 25, 2012, United States Citizenship and Immigration Services (USCIS) reported that 48,400 H-1B petitions against the FY 2013 annual cap of 65,000 H-1B visas had been received. Additionally, USCIS has received 17,500 H-1B petitions filed on behalf of foreign nationals with advanced degrees from U.S. institutions.

It is impossible to predict exactly when the cap will be reached, but we expect that the H-1B cap will likely be reached within the coming weeks. We encourage cap-subject employers who are considering filing new H-1B petitions to contact us immediately. We are also available to strategize with you regarding potential alternatives to the H-1B visa category, should filing an H-1B visa be impossible before the cap has been reached.

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Douglas Hauer is a Mintz attorney and noted authority on the EB-5 investor visa program, which gives developers a path for securing capital for real estate, hospitality, and infrastructure projects. He's an essential resource for companies looking for financing from offshore sources.