H-1B Employment-Based Visa Petitions Reached Its Cap for the 2013 Fiscal Year

Approximately 140,000 employment based visas are distributed each fiscal year.  The fiscal year for USCIS (and other government agencies) begins October 1st and ends on September 30th.  As such, many employers seeking H-1B visas often face dilemmas such as caps on applications for its employees when the maximum number of employment based visas have been reached for a particular fiscal year.  On June 11, 2012, USCIS reached its statutory cap for H-1B visas for the 2013 fiscal year.  However, employers should seek the assistance of an immigration attorney to determine if their working visa(s) are exempt from such caps, including DOD cooperative research worker H-1B petitions.  See USCIS H-1B Fiscal Year (FY) 2013 Cap Season Announcement dated June 12, 2012 for additional information.


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