FY 2013 H-1B Cap Reached

FY 2013 H-1B Cap Reached

Publication
On June 12, 2012, the US Citizenship and Immigration Services (USCIS) announced that it had received a sufficient number of H-1B petitions to reach the statutory cap for FY 2013 (October 1, 2012–September 30, 2013). June 11, 2012 was the final receipt date for new H-1B petitions requesting an employment start date of October 1, 2012. H-1B petitions for FY 2014 (October 1, 2013–September 30, 2014) will be accepted starting on April 1, 2013, for an employment start date of October 1, 2013.

Cap-subject employers should be aware that there may be alternative visas available, depending upon the particular circumstances. There may also be ways to hire or retain those for whom H-1B status is or will be necessary. For example, if a foreign national has already been counted against the H-1B cap in the past six years, or will simultaneously be working for a cap-exempt employer (e.g., university or nonprofit primarily engaged in research), an H-1B petition may be filed immediately. (And of course, a cap-exempt employer can petition for an H-1B visa at any time.) In addition, a student on F-1 status who has optional practical training valid beyond April 1, 2013 may be able to have his/her status and employment authorization extended until an H-1B change of status petition can take effect (cap-gap).

Please contact a member of WilmerHale's immigration team for additional information.

Authors

Notice

Unless you are an existing client, before communicating with WilmerHale by e-mail (or otherwise), please read the Disclaimer referenced by this link. (The Disclaimer is also accessible from the opening of this website). As noted therein, until you have received from us a written statement that we represent you in a particular manner (an "engagement letter") you should not send to us any confidential information about any such matter. After we have undertaken representation of you concerning a matter, you will be our client, and we may thereafter exchange confidential information freely.

Thank you for your interest in WilmerHale.