For our immigration clients, this year’s Thanksgiving holiday was ushered in by the official announcement made on Nov. 23, 2011 by the US Citizenship and Immigration Services (USCIS) that it has received more H-1B new petitions than the statutory cap of 65,000 quota authorized by Congress for the fiscal year (FY) 2012.
As a result, USCIS will not accept any new cap-subject H-1B applications as of the announcement and Nov. 22, 2011 would be the final receipt date for new H-1B petitions requesting employment start date in FY 2012.
H-1B is a visa category that is the most frequently used nonimmigrant visa classification by US employers to employ foreign professionals in the specialty occupation that requires typically theoretical or technical expertise in specialized fields such as scientists, engineers, computer programmers, teachers or professors in the United States. This visa classification has an annual quota of 65,000 numeric cap authorized by the Congress. Congress also authorized a separate numeric cap of an additional 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the special “advanced degree” exemption and that additional 20,000 “advanced degree” exemption cap had already been reached on Oct. 19, 2011. As a result, there will be no more new H-1B petitions to be accepted by the USCIS for the rest of the FY 2012.
However, USCIS will continue to accept and process petitions that are otherwise exempt from the cap and most teachers and professors, for example, are exempt from the cap. In addition, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted toward the FY 2012 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:
- extend the amount of time a current H-1B worker may remain in the U.S.;
- change the terms of employment for current H-1B workers;
- allow current H-1B workers to change employers; and
- allow current H-1B workers to work concurrently in a second H-1B position.
Yu, South & Associates, LLP, Where YOU Matter the Most.