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UNITED STATES – FY 2013 H-1B Cap Expected to Be Reached in June – File New H-1B Cases ASAP

The caps for H-1B filings in the U.S. have nearly been reached. U.S. Citizenship and Immigration Services (USCIS) has announced that, as of 25 May 2012, it has received a total of approximately 65,900 H-1B cap filings for employment in financial year (“FY”) 2013: 48,400 petitions have been receipted against the “regular cap” of 65,000, and 17,500 H-1B petitions have been receipted against the “Master’s cap” of 20,000 for foreign nationals with advanced degrees from U.S. universities and colleges.

How Many Spaces Are Left for 2013?

This latest information reported by USCIS indicates that both regular and advanced degree numbers for FY 2013 cap filings are almost exhausted. Further, the data released by USCIS may be a false reflection of the actual H-1B numbers remaining.

The reported numbers may not include what could be hundreds, or even thousands, of cases that have been delivered to USCIS’ Vermont Service Center over the past few weeks but have not yet been “receipted in” (meaning that filing fee checks have not yet been cashed and Receipt Notices have not yet been issued).

Since it is unclear how many of these cases have already been counted, or have yet to be counted, against the annual quota, there is no way to determine the actual number of H-1B visas that remain available for employment in FY 2013.

Submitting H-1B Applications

USCIS will continue to accept H-1B petitions until it has received a sufficient number of cases to meet the regular and advanced degree caps for FY 2013.

In light of the receipting delays and resulting cap count confusion, employers should continue to identify persons for whom H-1B sponsorship will be needed, and initiate any new H-1B petitions as soon as possible.

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 Ogletree Deakins. This is a copyright publication. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without written permission from Ogletree Deakins.

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 © 2017 Peregrine Immigration Management Ltd.