United States: H-1B Cap Reached for FY 2013
The H-1B cap has been reached for the 2013 Fiscal Year. As of June 11, 2012, USCIS received a sufficient number of H-1B petitions to reach the statutory cap. The cap exemption of 20,000 for foreign nationals holding U.S. advanced degrees was exhausted on June 7, 2012. The agency will accept no further standard or advanced degree cap-subject cases for employment in FY 2013.
H-1B cap-subject petitions received on or after June 12 will be rejected and returned. USCIS did not immediately state whether cases received on June 11, the final receipt date, will be subjected to a lottery.
There will be no further opportunities to file cap-subject cases until at least April 1, 2013, when the filing season for H-1B cap employment in FY 2014 will commence. However, USCIS will continue to accept H-1B petitions that are not subject to the annual quota. This includes amended petitions and petitions for an extension of stay, concurrent employment or a change in employer for an existing H-1B worker.
In addition, petitions for cap-exempt new H-1B employment will continue to be accepted. This includes cases where the foreign national will be employed at an institution of higher education or a related or affiliated nonprofit entity, at a nonprofit research organization or at a governmental research organization. A foreign national may also be exempt from the cap if he or she has previously held H-1B status, but used less than his or her six-year maximum. A petition for H-1B employment that is not subject to the cap may be filed at any time up to six months before the prospective employment start date.