H-1B Cap Reached for Fiscal Year 2012
The U.S. Citizenship and Immigration Services (USCIS) announced in late November that it received enough H-1B petitions for fiscal year (FY) 2012 to reach the H1-B statutory cap of 65,000.
November 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012. Any H-1B petitions filed after that date will be rejected. USCIS looks at the date the petition was actually physically received by USCIS, not the date of the postmark.
This announcement only affects petitions that are subject to the annual cap. USCIS will continue to accept and process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States
- Change the terms for employment for current H-1B workers
- Allow current H-1B workers to change employers
- Allow current H-1B workers to work concurrently in a second H-1B position.
The H-1B program is used by businesses to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as science or computer programming.
By: HRC/ Cal Chamber