H-1B Cap Reached for FY 2012

Posted December 6, 2011

USCIS has announced that November 22, 2011 was the final date that petitions for H-1B specialty occupation visas would be accepted for employment to start during fiscal year 2012 (Oct. 1, 2011 through Sept. 30, 2012).  The annual statutory cap of 65,000 has been met for ‘new employment’ H-1B visas.  Further, as of October 19, 2011, USCIS had received more than 20,000 H-1B petitions filed on behalf of advance degree graduates of U.S. universities, representing the annual statutory maximum for that cap-exempt group.  Accordingly, until April 1, 2012 – at which time fiscal year 2013 H-1B petitions may be submitted – USCIS will only accept and process H-1B petitions filed under remaining cap-exempt categories, including petitions filed to:

  • Extend H-1B status for workers continuing U.S. employment with the same employer;
  • Change the terms of employment for H-1B workers continuing U.S. employment with the same employer;
  • Change U.S. employers for workers previously accorded H-1B status with a former employer; and
  • Obtain H-1B status for concurrent U.S. employment with a different U.S. employer.