H-1B Visa Status: Time Is Running Out for 2012

The window of opportunity is closing soon for US employers seeking to temporarily hire foreign nationals using the H1-B program. High demand for H-1B visas is expected to lead to an early exhaustion of the 65,000 visas available for fiscal year 2012, perhaps before the end of the year. For your reference, here’s a roundup of H-1B visa-related updates, from lawyers and law firms on JD Supra:

H-1B Cap Update (Duane Morris LLP)

“With approximately 7,400 visas still remaining, it is anticipated that based upon the current rate of usage, the quota could be met within four weeks. Employers considering additional H-1B hires should take prompt action to ensure acceptance of their petitions. Once the fiscal year 2012 quota is reached, employers must wait until April 1, 2012, to submit new petitions for employment that can only commence with the start of the next government’s fiscal year (on October 1, 2012).” Read more»

Foreign Worker Slots Remaining for FY 2012 (Ronald Shapiro)

“Employers who seek an employment start date on or after October 1, 2011 (the start of the 2012 fiscal year) for foreign workers in specialty occupations can still file visa petitions on behalf of those workers. Petitions should be filed as soon as possible in order to avoid being shut down by the annual cap limitation for the H-1B program [of] 65,000 for FY 2012.The current H-1B petition counts through November 14, 2011 [is] 56,300 petitions.” Read more»

H-1B Numbers May Run Out Before End of 2011: Quota for Master’s Degree Filled (Lane Powell PC – Immigration Law)

“Employers need to resist any temptation to have potential employees begin or continue working, even in what might be considered volunteer positions, without the proper work authorization. Hiring employees without the proper authorization can subject the employer to penalties and subsequent scrutiny under immigration law.” Read more»

H-1B Cap Reached for U.S. Master’s Degrees; Remaining Numbers Are Diminishing (Morgan Lewis)

“Certain categories of foreign nationals are not subject to the annual cap, including H-1B beneficiaries who (1) have held H-1B status in the last six years; (2) have not exhausted their entire six-year period of H-1B status; or (3) will be employed at an institution of higher education, a related or affiliated nonprofit entity, or a nonprofit or governmental research organization.” Read more»

Attention H-1B Employers – FY 2012 Visa Cap Likely to Be Reached Before End of 2011! (Fisher & Phillips LLP) 

“The USCIS will continue to accept H-1B petitions covered under the annual quota until the cap has been reached. For the last two years, the annual cap was reached on January 26, 2011 for FY 2011 and December 21, 2009 for FY2010. With less than 8,000 visas remaining under the FY 2012 quota, the annual cap could be reached within the next month.” Read more»

Immigration Practice Alert – H-1B Cap Nearing End for Fiscal Year 2012 (Fox Rothschild)

“From the total 65,000 numbers, up to 6,800 spots are set aside each fiscal year for citizens of Chile and Singapore. Any of the 6,800 that go unused are made available for general H-1B use in the next fiscal year.” Read more»


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