USCIS Announces That H-1B Cap Has Been Reached for Fiscal Year 2012

U.S. Citizenship and Immigration Services (USCIS) announced that as of November 22, 2011, it has received sufficient H-1B petitions to reach the statutory cap for Fiscal Year 2012 (10/1/2011 through 9/30/2012).  The H-1B cap applies only to petitions for new employment, and generally does not affect H-1B sponsors who request extensions or a change of employers.  Cap-subject H-1B petitions received by USCIS after November 22nd will be rejected.  Employers who wish to sponsor an H-1B worker should contact Hunton & Williams to determine whether an exemption from the cap may be available or to develop the best strategy for mitigating the effects of the cap being reached.

H-1B petitions for Fiscal Year 2012 may be submitted as early as April 1, 2012, for employment beginning on October 1, 2012.

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