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On April 8, 2013, U.S. Citizenship and Immigration Services (“USCIS”) announced via a press release on its website, that it had received approximately 124,000 H-1B cap petitions from April 1, 2013 through April 5, 2013, including H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.

On April 7, 2013, USCIS instituted its computer generated random selection process to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. USCIS will reject and return all remaining H-1B cap petitions not randomly selected and the accompanying filing fees, unless the filing is duplicative.

USCIS will begin processing selected H-1B cap petitions submitted via its premium processing service on April 15, 2013.

H-1B cap exempt petitions will continue to be received and processed by USCIS.

For more information: USCIS Info

This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.

Established in 1925, Gunster is one of Florida’s oldest and largest full-service law firms. The firm’s clients include international, national and local businesses, institutions, local governments and prominent individuals. Gunster maintains its presence in Florida with offices in Fort Lauderdale, Jacksonville, Miami, Orlando, Palm Beach, Stuart, Tallahassee, Tampa, The Florida Keys, Vero Beach and its headquarters in West Palm Beach. Gunster is home to more than 160 attorneys and 200 committed support staff, providing counsel to clients through 18 practice groups including banking & financial services; business litigation; construction; corporate; environmental & land use; government affairs; health care; immigration; international; labor & employment; leisure & resorts; private wealth services; probate, trust & guardianship litigation; professional malpractice; real estate; securities and corporate governance; tax; and technology & entrepreneurial companies. Gunster is ranked among the National Law Journal’s list of the 250 largest law firms.

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