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FY2013 H-1B Cap Reached June 11, 2012

The FY2013 H-1B cap was reached on June 11, 2011, and this will be considered the final receipt date for cap-subject FY2013 H-1B petitions requesting an employment start date between October 1, 2012, and September 30, 2013.

No new cap-subject H-1B visas are available again until the beginning of FY2014, which begins October 1, 2013. USCIS will continue to accept and process H-1B petitions that are exempt from the annual H-1B cap.

USCIS announced on June 12, 2012, that it had received a sufficient number of H-1B petitions to reach the statutory H-1B cap of 65,000 for fiscal year 2013. As of June 7, 2012, USCIS had  received more than 20,000 H-1B petitions for individuals exempt from the annual H-1B cap under the advanced degree exception (those with a Masters degree or higher from a US institution of higher education).

USCIS will consider properly filed cases as received on the date that the agency physically receives an FY2013 H-1B petition, not the date that the H-1B was post-marked. USCIS will reject new cap-subject H-1B petitions that arrive after June 11, 2012, that seek an employment start date any time in FY2013, i.e., between October 1, 2012, and September 30, 2013.

In addition, petitions filed on behalf of current H-1B workers who have been counted previously against the annual H-1B cap will not be counted toward the FY2013 H-1B cap. As such, USCIS will continue to accept and process these petitions to:

  • extend the amount of time a current H-1B worker may remain in the US;
  • change the terms of employment for current H-1B workers;
  • allow current H-1B workers to change employers; and,
  • allow current H-1B workers to work concurrently in a second H-1B position.

US 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.Dead End 149066549

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