The FY 2012 H-1B cap season is just about to open up.  USCIS has announced the earliest date on which FY 2012 cap filings will be accepted is April 1, 2011. The cap (the numerical limit on H-1B petitions) for FY 2012 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degrees or higher are exempt. Cap petitions may continue to be filed until USCIS announces that the visa numbers have been assigned.  As described by USCIS, this date is known as the final receipt date. If USCIS receives more petitions than it can accept, it may on the final receipt date randomly select the number of petitions that will be considered for final inclusion within the cap. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.
As a reminder, employers should notify J&H of any potential offers being made to new H-1B hires in the upcoming months to ensure that an H-1B cap petition is prepared in time if needed.  J&H will be monitoring the cap count and providing updates as we get closer to cap being reached.

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