• H-1B Cap Reached for FY 2012
  • November 25, 2011
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • The H-1B cap has been reached for the 2012 Fiscal Year. As of November 22, 2011, U.S. Citizenship and Immigration Services (USCIS) received a sufficient number of H-1B petitions to reach the statutory cap. The agency will accept no further standard or advanced degree cap-subject cases for employment in FY 2012.

    H-1B cap-subject petitions that were received on November 22, 2011, the final receipt date, may be entered into a computerized lottery if USCIS determines that more than enough petitions were received that day. Cases not selected in the random lottery will be rejected and returned. Any cap-subject case received on or after November 23 will be rejected and returned.

    There will be no further opportunities to file cap-subject cases until at least until April 1, 2012, when the filing season for H-1B cap employment in FY 2013 will commence. However, USCIS will continue to accept H-1B petitions that are not subject to the annual quota. This includes amended petitions and petitions for an extension of stay, concurrent employment or a change in employer for an existing H-1B worker. In addition, petitions for new H-1B employment will continue to be accepted where the foreign national will be employed at an institution of higher education or a related or affiliated nonprofit entity, at a nonprofit research organization or at a governmental research organization. A foreign national may also be exempt from the cap if he or she has previously held H-1B status, but used less than his or her six-year maximum. A petition for H-1B employment that is not subject to the cap may be filed at any time up to six months before the prospective employment start date.