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June 20, 2013

H-1B Cap for FY 2013 Reached

USCIS announced last week that the statutory cap on H-1B specialty occupation petitions for FY 2013 was reached as of June 11, 2012. As such, USCIS will reject cap-subject petitions for new H-1B workers seeking an employment start date in FY 2013 that are received after June 11, 2012. Additionally, more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption were received as of June 7, 2012.

USCIS continues to accept cap-exempt petitions as well as the following:

  • petitions to extend the amount of time a current H-1B worker may remain in the U.S.;
  • petitions to change the terms of employment for current H-1B workers;
  • petitions to allow current H-1B workers to change employers; and
  • petitions to allow current H-1B workers to work concurrently in a second H-1B position.

The H-1B program allows for the employment of foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields. Such workers often include scientists, engineers, or computer programmers, among other.

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About the Author

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William J. Flynn, III is the Practice Leader of the International Practice Group.  His practice includes a large immigration practice representing foreign nationals and U.S. corporations that employ foreign nationals. In this capacity, he represents clients before the U.S. Department of Homeland Security, U.S. Department of Labor and U.S. Department of State.

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