March 31, 2011 –
REMINDER: It’s Right Around the Corner… H-1B Filing Period for Fiscal Year 2012 Commences April 1, 2011

This is a reminder that April 1, 2011 is the first day the United States Citizenship and Immigration Services (“USCIS”) will begin accepting H-1B petitions filed on behalf of nonimmigrant workers for the 2012 fiscal year (“FY 2012”). Over the last several years, with the exception of 2009 and 2010, H-1B filings have greatly exceeded the statutory quota, causing USCIS to invoke a lottery system at the start of the filing period. In FY2011, H-1B filings did not meet the statutory quota until January 26, 2011. However, it is unknown at this time how the number of H-1B filings for FY 2012 will compare to the number of H-1B petitions received by USCIS in the past.

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. There is a yearly statutory cap of 65,000 H-1B approved petitions for the general category, of which 6,800 are reserved for Chile and Singapore Free Trade H-1B visas, resulting in only 58,200 for all other nationalities. There is an additional quota of 20,000 for foreign professionals with advanced degrees (Master’s degrees or higher) from U.S. institutions.

Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Marianas Islands are exempt from the cap until December 31, 2014.

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. As such, employers who desire to hire H-1B aliens subject to the statutory quota should consult with immigration counsel as soon as possible to carefully analyze those circumstances in which cap exemptions might be claimed.

For more information, please click on the following link:

USCIS FY 2012 on April 1, 2011

Temporary Rule on H-1B Cap Exemptions Based on Relation or Affiliation

On March 18, 2011, USCIS announced that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further notice, USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education and therefore exempt from the cap, provided that there have not been any significant change in circumstances and there was no clear error in the prior adjudication. However, the petitioning employer must show that its organization previously received approval of its request for H-1B cap exemption based on its relation to or affiliation with an institution of higher education and it must provide the evidence it previously submitted in support of such exemption.

USCIS will keep  the public informed on any further updates.  For more information, please click on the following link:

USCIS – H-1B Cap Exemptions Based on Relation or Affiliation