H-1B Cap Getting Closer
Employers should start planning now for employees who will need H-1B sponsorship.
U.S. Citizenship and Immigration Services (USCIS) announced that, effective September 23, 2011, approximately 36,300 H-1B cap-subject petitions have been received counting toward the H-1B cap of 65,000 petitions. In addition, 17,700 petitions have been received counting toward the U.S. advanced degree exemption for 20,000 additional petitions.
This is close to the number of H-1B petitions received at this same time last year, when the cap was ultimately reached in late January. For this reason, we expect that this year’s cap could be reached within the next few months.
In general, the cap applies only to petitions for new H-1B employment, not to H-1B extensions or an H-1B change of employer (unless the prior employer was cap-exempt).
If you have any questions about the information in this advisory, please contact any member of the Immigration Group.