Main Nav
FY H-1B Cap Reached as of June 11, 2012

» Immigration Law Updates

FY H-1B Cap Reached as of June 11, 2012

June 12, 2012

As predicted, the end of FY H-1B season saw employers racing against the clock these last two weeks to file last minute H-1B visa petitions.  The USCIS just announced that the FY Cap has been reached for 2013 and related that it will reject all FY H-1B visa petitions received after June 11, 2012.  

There are still cap subject FY H-1Bs remaining for Singaporean and Chilean nationals.  Employers who are hiring lateral H-1B candidates or who are in the research/academic field may continue to file "cap-exempt" petitions.

As we have advised, employers should keep in mind the following:

•    Recent grads with Employment Authorization Documents (EADs)  should have employment until next spring, allowing employers a second bite at the FY H-1B apple next spring.  We anticipate that cap-gap relief will still be available next summer.
    
•    Employers hiring many "STEM" graduates of U.S. institutions may want to consider enrolling in E-Verify, although we still advise to proceed with caution.  E-Verify employers enable their F-1 STEM employees to be eligible for an extra 17 months of F-1 work authorization, for a total of 29 months of post-graduation employment.  The government keeps expanding the list of STEM employees.
   
•    Many Canadian and Mexican nationals are eligible for "TN" professional visas under NAFTA .

•    Australian professionals are eligible for "E-3" professional visas.

•    Employers may employ interns or trainees under various J exchange programs.

•    High level hires who are outstanding in their fields may qualify for O-1 visas.

We hope that this is helpful.  Please contact us if you wish to further explore any of these options.

News Alert Signup

INBFL

“WSM provides fast and efficient immigration legal advice with successful outcomes.”