As we announced in a previous Immigration Alert, H-1B visas for this fiscal year are being used at a significantly increased rate from past years—reflecting the gradual improvement of the U.S. economy and the continued shortage of workers in the IT industry.
U.S. Citizenship and Immigration Services (USCIS) announced that as of May 25, 2012, U.S. employers have filed for 48,400 H-1B visas subject to the regular cap of 65,000 and 17,500 H-1B visas available to foreign nationals holding a Master's degree or other advanced degree from a U.S. university. USCIS began accepting H-1B petitions on April 1, 2012, with the most recent usage figures as follows:
|
Type |
Cap |
Cap Petitions Filed |
Date of Last Count |
|
H-1B Regular Cap |
65,000 |
48,400 |
05/25/2012 |
|
H-1B U.S. Master's Degree Exemption |
20,000 |
17,500 |
05/25/2012 |
There is thus a significant likelihood that the annual quota on new H-1B approvals for FY2013 will be reached during June 2012.
Implications
We urge employers contemplating the hire of an H-1B worker to file the petition with USCIS as soon as possible. Although it is not possible to predict the exact date on which either H-1B cap will be reached, at the current rate of usage, H-1B visas in either category will be exhausted during June 2012.
Copyright 2012. Morgan, Lewis & Bockius LLP. All Rights Reserved.
This article is provided as a general informational service and it should not be construed as imparting legal advice on any specific matter.