On November 22, 2011, United States Citizenship and Immigration Services (\u201cUSCIS\u201d) had received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year 2012 (\u201cFY 2012\u2033). As of October 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the \u201cadvanced degree\u201d exemption. As a result, cap-subject H-1B applications for specialty occupation workers seeking an employment start date in FY 2012 are no longer accepted as of November 23, 2011.<\/p>\n
However, USCIS will continue to accept petitions that are exempt from the cap, including DOD petitions and Chile\/Singapore H-1B1 petitions requesting an employment start date in FY 2012.<\/p>\n
Petitions filed for current H-1B workers who have been counted previously against the cap will also continue be accepted.<\/p>\n
The H-1B is a popular program used by U.S. businesses to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields. A lot of scientists, engineers and computer programmers, for examples, gain U.S. work visa under this category. The current annual cap on the H-1B category is 65,000.<\/p>\n
Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master\u2019s degree or higher. Others are completely exempt from the numerical limits. Unless otherwise exempt from the cap, petitions filed on behalf of beneficiaries who have obtained a U.S. master\u2019s degree or higher will be counted against the regular cap once USCIS has received sufficient petitions to reach the advanced degree exemption.<\/p>\n
Up to 6,800 H-1B numbers may be set aside each year from the cap of 65,000 during each fiscal year for the H-1B1 program, pursuant to the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.<\/p>\n
Because of the cap and time sensitivity, it is important for employers and employees to properly prepare and file H-1B petitions, and should consider seeking professional help from an experienced immigration lawyer.<\/p>\n
<\/p>","protected":false},"excerpt":{"rendered":"
On November 22, 2011, United States Citizenship and Immigration Services (\u201cUSCIS\u201d) had received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year 2012 (\u201cFY 2012\u2033). As of October 19, 2011, USCIS had also…<\/p>\n