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USCIS to accept H-1B Petitions for FY 2013 beginning April 2, 2012
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USCIS has announced that it will begin accepting H-1B petitions subject to the FY 2013 cap on Monday April 2, 2012. The statutory numerical limitation on H-1B petitions for FY 2013 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the fiscal year cap.

USCIS has announced that it will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If the number of applications received exceeds the numerical cap, USCIS will randomly select the number of petitions required to reach the numerical limit from the pool of petitions received on the final receipt date, and will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.

Employers also need to bear in mind that cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee, and USCIS will not rely upon the date that the petition is postmarked. Employers considering petitioning for an H-1B employee in April 2012 may Contact VisaPro immediately to begin early and ensure that their petitions have the greatest chance to be included in the quota.

H-1B FY 2012 Filings

Meanwhile, employers may continue to file petitions for certain cap-exempt H-1B categories seeking work dates starting in FY 2012, including:

  • Petitions for new H-1B employment if the beneficiaries will work at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations.  
  • Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Mariana Islands. 
  • Petitions filed on behalf of current H-1B workers who have been counted previously against the cap to:
    • extend the stay on H-1B;
    • change the terms of employment for current H-1B workers;
    • allow current H-1B workers to change employers; or
    • allow current H-1B workers to work concurrently in a second H-1B position.
Contact VisaPro  if you have any queries about the H1B visa or to receive assistance with your H1B filing.

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