USCIS began accepting H-1B petitions subject to the FY2013 cap on April 1, 2012. The H-1B category has an annual cap of 65,000 new visas with an additional 20,000 for individuals with U.S. Master’s degrees. As of April 4, 2012, 22,323 cap-subject H-1B petitions have been received by USCIS. USCIS has indicated that about 25% of these cases are for U.S. advanced degrees and that the number of petitions received thus far is nearly twice the number of petitions received by USCIS during this same time last year. The H-1B cap was not reached last year until November 22, 2011, but based on the large volume of petitions received within these first few days of the H-1B season, it is likely the H-1B cap may be reached much sooner than last year if filings continue at this current pace. Once USCIS determines that it has received a sufficient number of cases, it will determine a final receipt date and conduct a random lottery based on that date. Any petitions that are not successful in the lottery system will be returned and the filing fees will not be cashed.
For assistance in filing a timely FY 2013 H-1B petition, please contact our office.