Fiscal Year 2012 H-1B Quota Reached

On Wednesday, November 23, 2011, United States Citizenship & Immigration Services (USCIS) announced that as of Tuesday, November 22, 2011 it had received sufficient H-1B petitions to meet the regular H-1B quota (or "cap") for Fiscal Year 2012, which began on October 1, 2011 and ends on September 30, 2012. USCIS previously announced on October 19, 2011 that it had received sufficient H-1B petitions to meet the Master's H-1B cap. Both H-1B caps have now been reached.

As a result, USCIS will reject cap-subject petitions received after Tuesday, November 22nd for new H-1B workers seeking an employment start date in Fiscal Year 2012. USCIS will apply a computer-generated random selection process to all cap-subject petitions that USCIS received on November 22. Based on the timing of last year's lottery system, USCIS should provide lottery results by early December.

For additional background information on the H-1B visa program and the cap, please visit our previous One Minute Memos: "H-1B Work Permit Filings: Will You Beat the Cap?" and "Fiscal Year 2012 H-1B Cap Closing Fast."

By: John Quill

John Quill is senior counsel in Seyfarth's Boston office. If you would like further information, please contact your Seyfarth Shaw LLP attorney, John Quill at jquill@seyfarth.com, or any immigration attorney on our website.