November 29, 2011 –
FY 2012 H-1B Cap Reached

U.S. Citizenship and Immigration Services (“USCIS”) announced on November 23, 2011 via a press release on its website, that on November 22, 2011 it had received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for the fiscal year (“FY 2012”).  Consequently, November 22, 2011 is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012 (on or before September 30, 2012).

The final receipt date is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000.  Properly filed cases will be considered, as received on the date that USCIS physically received the petition, not the date that the petition was postmarked.  USCIS will refuse any cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that arrived after November 22, 2011.

Additionally, as of October 19, 2011, USCIS had received more H-1B petitions filed on behalf of persons with advanced degrees than the 20,000 that are exempt from the 65,000 cap.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap   Exemptions from the annual quota cap may apply in instances of: requests for extensions of stay for current H-1B workers; amendments to H-1B petitions requesting a change in the terms of employment for current H-1B workers; and change of employer petitions for individuals already in H-1B status. In addition, petitions for new H-1B employment are not subject to the annual cap if the foreign professional will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization. Additionally, it will continue to accept Chile/Singapore H1B1 Petitions.

The filing cycle for new cap-subject H-1B Petitions for an October 1, 2012 start date will commence on April 1, 2012.

The H-1B visa classification is for temporary employment of foreign professionals in specialty occupations, including but not limited to, information technology professionals, business analysts, financial managers, engineers, architects, and allied health professionals such as physical therapists, as well as fashion models.

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