U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B cap was reached and that all cap-subject H-1B petitions received after November 22, 2011 will be rejected. H-1B petitions filed for those who have previously held H-1B status in the last six years, including requests for an extension of stay or a change of employer, are not subject to the cap. Petitions for those employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or governmental research organization, are also exempt from the annual cap. H-1B1 visa numbers are still available for nationals of Chile and Singapore.
USCIS will begin accepting H-1B petitions for FY2013 on April 2, 2012 for employment commencing on October 1, 2012 or later.
What Should Employers Do?
For more information, or if you have any questions regarding the issues discussed in this Immigration Alert, please contact any of the following attorneys:
Lisa Stephanian Burton