After nearly seven months of filings, USCIS has announced that, as of October 14, 2011, approximately 43,300 H-1B cap-subject petitions were receipted. Additionally, USCIS announced that it has receipted 19,600 H-1B petitions for foreign nationals with advanced degrees. When comparing those figures to the H-1B numbers from the prior fiscal year, it is our current projection that Congress’ quota of 85,000 cap subject H-1B visas will be exhausted sometime in December 2011.
With that said, if your business is considering the sponsorship of an H-1B worker subject to the H-1B cap (e.g., a foreign student who is in F-1 status and working pursuant to OPT, or any other foreign national who is not currently or was not previously in H-1B status), you should strongly consider filing such petition sooner rather than later before the H-1B visa numbers are exhausted. Otherwise, you may be left to wait until October 1, 2012 to hire new H-1B workers (when the 2013 H-1B quota becomes available).
It is important to note that H-1B visa extensions of stay and H-1B visa transfers (from one eligible U.S. H-1B employer to another) are not subject to the annual H-1B cap and, therefore, are regularly accepted by USCIS. Likewise, 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 and, thus, may not need to concern themselves with the H-1B quota under the 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.
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