FY 2013 H-1B Cap Update #4

FY 2013 H-1B Cap Update #4
May 24, 2012

As we said in the previous update, the dwindling number of remaining H-1Bs is likely to be exhausted in early June.  Due to the current usage of H-1B visa numbers in the latest information released by USCIS, we are predicting the H-1B visas for Fiscal Year 2013 may run out by June 8 or 11.


As of May 18, USCIS has received the following number of H-1Bs that count against the annual H-1B cap:


Regular H-1B: 42,000 (cap: 65,000)
Adv. U.S. degree H-1B: 16,800 (cap: 20,000)


With only 23,000 remaining, there is likely less than 4 weeks of H-1B availability left.


Due to the one week it takes to obtain a certified Labor Condition Application (LCA) before an H-1B can be filed, clients should contact their ILG attorney and paralegal ASAP.  Even if you are still waiting for an offer to be made/accepted, providing the attorney with basic job information and salary range will allow the LCA to be filed, which cuts down the turn-around time significantly.  The fee to prepare an LCA is low so even if an H-1B isn’t filed, the financial commitment is minimal.


Please note that the H-1B cap is irrelevant for H-1B extensions, transfers and amendments.  Only H-1Bs for beneficiaries who have not received an H-1B approval previously are subject to the cap.