H-1B Visa Numbers Usage Reported by USCIS for Fiscal Year 2012

According to the United States Citizenship and Immigration Services’ (“USCIS”) most recent count of H-1B Petitions received that are subject to the FY 2012 cap, as of April 29, 2011 USCIS had received 9,200 petitions subject to the 65,000 annual cap. Additionally, USCIS has received approximately 6,600 petitions for foreign workers with advanced degrees, (Master’s degrees or higher) from U.S. institutions, subject to the 20,000 annual cap. USCIS will continue to accept H-1B petitions until the annual quota for each is reached. Employers who still have a need for new H-1B workers to commence work after October 1, 2011 should consult with immigration counsel as soon as possible in order to take advantage of the H-1B numbers while they are still available and to carefully analyze those circumstances in which cap exemptions might be claimed.

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.

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.

USCIS will continue to provide updates as the processing of H-1B petitions continues.

For more information, please click on the following link:

H-1B Fiscal Year (FY) 2012 Cap Season

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

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