H-1B Visa Cap Opens April 1

H-1B Visa Cap Opens April 1

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On Monday, April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) will begin accepting cap-subject H-1B petitions for fiscal year 2013, with an employment start date of October 1, 2012. We recommend that all H-1B petitions subject to the FY 2013 cap be sent to USCIS on Friday, March 30 for receipt by USCIS on Monday, April 2. Any H-1B petitions subject to the cap received by USCIS before April 1, 2012 will be rejected.

There is a quota of 65,000 cap-subject H-1B visas each fiscal year. A separate allotment of 20,000 H-1B visas is available to foreign nationals holding a master's degree or other advanced degree from a U.S. institution. Demand for H-1B visas has fluctuated in past years, with the cap being reached on the first few days of filing in 2007 and 2008. While it is not possible to predict H-1B visa demand for the coming year, we recommend that employers submit their petitions as early as possible.

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