Meyner and Landis LLP Immigration Law Group
  • 11Jun

    As of June 1, 2012, the United States Citizenship and Immigration Services (“USCIS”) had already received 55,600 petitions of the 65,000 available under the H-1B Regular Cap for Fiscal Year (“FY”) 2013. USCIS also reported to receive 18,700 petitions of the 20,000 cap for the U.S. Master’s Degree Exemption. Therefore, in just two (2) short months, USCIS has nearly exhausted its entire H-1B quota for 2013. In all likelihood, the cap season will come to a close in a matter of days as the pace of cap-subject H-1B petition filings has picked up precipitously in the last few weeks and days.

    The high numbers of cap-subject petitions received  reflect a significant contrast from last year’s H-1B season. Last season, the cap was open for nearly 8 months after the quota became available. This contrast may suggest an improvement in the U.S. economy, though in prior years, when the economy was more robust, the cap was filled in just a few days.

    It is important to note that the H-1B cap does not affect H-1B extensions of stay and H-1B transfers. Those petitions will continue to be accepted regularly by the USCIS. Similarly, H-1B nonimmigrants who work at (but not necessarily for) eligible research institutions, universities, and other qualifying non-profit facilities may also be excluded from the H-1B visa cap.

    If you have any questions about the H-1B visa cap or would like to discuss appropriate alternatives to the H-1B category, please do not hesitate to contact us.

    Posted by Meyner and Landis @ 7:48 pm

    Tags: , , , , , , , , , , , , ,

Comments are closed.