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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