April 6, 2011
USCIS started accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases are considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.
The rate at which the cap is met each year fluctuates according to U.S. employer demand for skilled foreign workers. Some years the cap has filled within days of April 1, some years the cap is not met, and in other years the cap numbers last almost until the next fiscal year. No matter when you decide to file a cap subject H-1B petition for a qualifying foreign worker, you risk the possibility of not receiving a cap number. Because the H-1B petition process can be lengthy, it is imperative to begin the H-1B petition process as early as possible. The earlier you begin the process the greater your chances of securing an H-1B cap number. There are still H-1B numbers available for FY2012 and it is anticipated the numbers will last for several months, possibly into next year. If you anticipate filling a specialty occupation with a foreign specialty worker, begin the process as soon as possible to secure an H-1B number for FY2012. Contact us today to see how we can help you with your employment needs.