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FY H-1B Cap Reached as of June 11, 2012

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FY H-1B Cap Reached as of June 11, 2012

June 12, 2012

As predicted, the end of FY H-1B season saw employers racing against the clock these last two weeks to file last minute H-1B visa petitions.  The USCIS just announced that the FY Cap has been reached for 2013 and related that it will reject all FY H-1B visa petitions received after June 11, 2012.  

There are still cap subject FY H-1Bs remaining for Singaporean and Chilean nationals.  Employers who are hiring lateral H-1B candidates or who are in the research/academic field may continue to file "cap-exempt" petitions.

As we have advised, employers should keep in mind the following:

•    Recent grads with Employment Authorization Documents (EADs)  should have employment until next spring, allowing employers a second bite at the FY H-1B apple next spring.  We anticipate that cap-gap relief will still be available next summer.
•    Employers hiring many "STEM" graduates of U.S. institutions may want to consider enrolling in E-Verify, although we still advise to proceed with caution.  E-Verify employers enable their F-1 STEM employees to be eligible for an extra 17 months of F-1 work authorization, for a total of 29 months of post-graduation employment.  The government keeps expanding the list of STEM employees.
•    Many Canadian and Mexican nationals are eligible for "TN" professional visas under NAFTA .

•    Australian professionals are eligible for "E-3" professional visas.

•    Employers may employ interns or trainees under various J exchange programs.

•    High level hires who are outstanding in their fields may qualify for O-1 visas.

We hope that this is helpful.  Please contact us if you wish to further explore any of these options.

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