H-1B Cap is Reached for Fiscal Year 2012
On November 23, 2011, the USCIS announced that it received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year 2012. November 22, 2011 was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.
The USCIS had previously announced that as of October 19, 2011, it had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption.
Of course, not all H-1B petitions are subject to these caps and the USCIS will continue to accept and process petitions that are exempt from the cap: applications seeking to extend the amount of time a current H-1B worker may remain in the U.S.; applications to change the terms of employment for current H-1B workers; applications to allow current H-1B workers to change employers; and applications to allow current H-1B workers to work concurrently in a second H-1B position.