H-1B Cap for FY 2013 Reached
June 13, 2012 by William A. Stock
On Tuesday June 12, 2012, USCIS Headquarters announced that it had received enough H-1B petitions to fulfill the H-1B quota for the fiscal year ending September 30, 2013. As of June 12, 2012, petitions for “new employment” of H-1Bs, that is, for employment of a person who is not yet in H-1B status for another employer, will not be accepted again until April 1, 2013. Those petitions received after April 1, 2013 must request employment starting October 1, 2013, so that they will be subject to next year’s cap (FY 2014). Please note that H-1B1 petitions for nationals of Chile and Singapore can still be approved due to free trade agreements with those countries, and that “cap exempt” employers (such as universities and nonprofit research organizations) can continue to seek H-1B status on behalf of their employees. In addition, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted toward the FY 2013 H-1B cap.
The “final receipt date” for H-1B purposes is June 11, 2012. Regulations now provide that all H-1B petitions received by USCIS on or before June 11, 2012 have been submitted “under the cap,” but all H-1B petitions received by USCIS on or after June 12, 2012 will be rejected.
Klasko Law will be contacting employers about options for those beneficiaries of H-1B petitions that did not make the cut-off for the cap.