h-1b-filing-deadlineOne week from today, on Monday, April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) will begin accepting FY 2013 H-1B cap-subject petitions for employment starting on October 1, 2012.

U.S. businesses utilize the H-1B visa to employ foreign workers in “professional” or “specialty occupation” positions. The H-1B visa allows for 6 years of employment in the United States. This timeframe may be extended if the employer sponsors the individual for permanent residence.

USCIS will accept only 65,000 regular petitions and 20,000 Master’s degree petitions. For the past 3 years, the H-1B cap has not been met on the first day.  However, given the increase in filings over the last few years and the difficulty in predicting employer demands, employers with a need for Cap-Subject H-1B petitions for Fiscal Year 2013 should be prepared to send their petitions so that they are received by USCIS on April 2, 2012 or shortly thereafter.

When the projected number of petitions received exceeds the quota, USCIS will conduct a random lottery for all H-1B petitions properly filed on the date the quota was reached. Due to the uncertainty of when the cap will be reached, Allott Immigration Law Firm strongly recommends employers immediately evaluate their hiring needs and identify any current employees or potential hires who will need H-1B sponsorship.

View the The Employment of Non-Immigrants on H-1B Visas
Presented by the
U.S. Department of Labor
Wage and Hour Division

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