November 7, 2011 –
Update on H-1B Numbers Usage

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 regular cap, as of  November 2,  2011, USCIS had received approximately 50,800 petitions subject to the 65,000 annual cap (6,800 quotas are reserved for Chile and Singapore pursuant to Free Trade Agreements with those countries making the effective annual regular cap 58,200.) Additionally, USCIS has already received 20,000 petitions for foreign workers with advanced degrees, (Master’s degrees or higher) from U.S. institutions, that are subject to a separate 20,000 annual cap. Unless otherwise exempt from the cap, petitions filed on behalf of beneficiaries who have obtained a U.S. master’s degree or higher will now be counted against the regular cap since USCIS has received sufficient petitions to reach the advanced degree cap. USCIS will continue to accept both regular and advanced degree H-1B petitions until the annual regular quota is reached. Employers who still have a need for new H-1B workers to commence work before October 1, 2012 (when the new fiscal year H-1B cycle will begin) 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 here.