U.S. Citizenship and Immigration Services (USCIS) announced June 12, 2012 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2013. Yesterday, June 11, 2012, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013.

USCIS will consider properly filed cases as received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers if they arrive after June 11, 2012 and seek an employment start date in FY 2013.

As of June 7, 2012, USCIS already received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the 'advanced degree' exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

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. As such, USCIS will continue to accept and process these petitions to:

1. extend the amount of time a current H-1B worker may remain in the U.S.;

2. change the terms of employment for current H-1B workers;

3. allow current H-1B workers to change employers; and

4. allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as scientists, engineers or computer programmers.

Please contact our office at (650) 588-7100 if you have any questions on how this may affect you as an employer or as a potential employee.

For the latest information, see USCIS website

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise. Such workers include scientists, engineers, and computer programmers, accountants, architects, and teachers among others.

The cap (the numerical limit on H-1B petitions) for FY 2013 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degrees or higher are exempt. USCIS will monitor the number of H-1B petitions received and will notify the public of the date when the numerical limit of the H-1B cap has been met. This date is known as the final receipt date. If USCIS receives more petitions than it can accept, it may on the final receipt date randomly select the number of petitions that will be considered for final inclusion within the cap. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.