As of April 20, 2012, the U.S. Citizenship and Immigration
Services (USCIS) has received approximately 35,900 H-1B cap filings
for employment in FY 2013: 25,000 petitions have been receipted
against the "regular cap" of 65,000 and 10,900 H-1B
petitions have been receipted against the "Master's
cap" of 20,000 for foreign nationals with advanced degrees
from U.S. universities and colleges.
By this time last year, USCIS had received more than 12,000 H-1B
cap-subject petitions, while in 2010 it had received over 19,000
cases over a similar period. The latest cap count reveals an
increase of 5,600 filings in only a week since the agency's
last count on April 13. Based on the substantial increase in the
2013 H-1B cap filings, this year's H-1B cap will be reached
much earlier than in the past two years.
USCIS will continue to accept H-1B petitions until it has received
a sufficient number of cases to meet the regular cap and the
advanced degree caps for FY 2013. Employers should continue to
identify persons for whom H-1B sponsorship will be needed, and
contact the Ogletree Deakins attorney with whom you normally work
to initiate any new H-1B petitions as soon as possible. This will
allow sufficient time for petition preparation, including the time
required to file and receive certification of the prerequisite
Labor Condition Application (LCA). Ogletree Deakins is closely
monitoring the availability of H-1B visa numbers and will provide
further updates as the filing season progresses.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.