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ARTICLE · 06 DECEMBER 2011

Fiscal Year 2012 H-1B Cap Reached

Morgan Lewis
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U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B cap was reached and that all capsubject H-1B petitions received after November 22, 2011 will be rejected.

United StatesImmigration
Morgan, Lewis & Bockius LLP'S Immigration Practice
Morgan, Lewis & Bockius LLP'S Immigration Practice

U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B cap was reached and that all capsubject H-1B petitions received after November 22, 2011 will be rejected. H-1B petitions filed for those who have previously held H-1B status in the last six years, including requests for an extension of stay or a change of employer, are not subject to the cap. Petitions for those employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or governmental research organization, are also exempt from the annual cap. H-1B1 visa numbers are still available for nationals of Chile and Singapore.

USCIS will begin accepting H-1B petitions for FY2013 on April 2, 2012 for employment commencing on October 1, 2012 or later.

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