Tuesday, May 22, 2012

H-1B Visa Numbers Running Out

From James Mayock:

Note the dwindling availability of H-1B visa numbers for the upcoming fiscal year starting 1 Oct 2012.
H-1B visas for Fiscal Year 2013 may be exhausted before June 8, 2012. 42,000 of the 65,000 base H-1Bs have been used as of May 18, 2012.  With 23,000 left, that means less than 4 weeks of H-1B availability.  You can also anticipate a filing rush as the visas run out.
A visa petition need not be approved in order to obtain an available number under this year's cap.  Form I-129 only needs to be FILED with CIS Citizenship and Immigration Services before the quota is exhausted.  But each H-1B visa petition needs to have an LCA Labor Condition Application certified by the Department of Labor before filing with CIS.  The certification process can take at least a week.



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