April 11, 2011

FY2012 H-1B Cap Update

The cap (the numerical limit on H-1B petitions) for FY 2012 is 65,000. The are an additional 20,000 H-1B numbers for individuals with U.S. master’s degrees.  The U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B petitions for FY2012 on April 1, 2011.  USCIS is reporting that as of April 7, 2011, USCIS has received 5,900 H-1B petitions counting towards the 65,000 general cap and 4,500 H-1B petitions for individuals with advanced degrees.

While the H-1B cap appears to be proceeding very slowly, it is impossible to predict when the cap will be reached. Any potential H-1B cap cases should be filed immediately.

Petitions that have been filed on behalf of current H-1B workers who have been counted previously against the cap and who who seek concurrent employment, amendments or extensions of stay to their status are are not counted towards the FY2012 cap.  In addition, certain H-1B petitions are exempt from the annual cap if the beneficiaries will work at:

• Institutions of higher education or related or affiliated nonprofit entities;
• Nonprofit research organizations; or
• Governmental research organizations.

Likewise, petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Marianas Islands are also exempt from the cap until Dec. 31, 2014.

GTLAW will continue to monitor the H-1B program and provide updates as the new cap season progresses.