2013 H-1B Visa Cap: Petitions more than double over early April 2012

April 9, 2012

hour glass.jpgThe USCIS began accepting H-1B visa petitions for the 2013 fiscal year on April 2, 2012. To date, more than 17,400 cap subject H-1B visa petitions have been received by the USCIS, filed on behalf of temporary workers in a specially occupation. In addition, more than 8,200 petitions for persons holding a master's degree from a college or university in the United States have been receipted into the USCIS processing system.

When will the cap be reached?

While there is no way to accurately predict a date on which the H-1B visa cap will be reached under current economic conditions, which seems to take two steps forward and one step back from month to month, it is not inconceivable that the H-1B cap could be reached in August or a soon as July of this year.

Reaching the cap much sooner than in 2012 (late November) and 2011 (December) is much more likely this year in part because of two discernible patterns. First, there is a spike in H-1B visa petitions on the first day of filing eligibility. Here, the spike in petitions received between April 2, 2012 and today demonstrates a remarkable increase over last year, at which time only 5,900 cap cases and 4,500 master's cap cases were reached.
Secondly, for the past two years, there has been a dramatic increase in H-1B cap cases filed as soon as the master's cap is reached and at the time when it appears that regular cap visas are also becoming scarce. This is because people who qualify for the master's cap, who file after the master's cap is reached, are placed into the regular cap quota. Finally, every year when it appears that the regular cap will soon be reached; there is a dramatic upswing in visa petitions received by the USCIS due to people who seek to file last minute.

What should I do if I want to apply for a cap-subject H-1B Visa?

Our advice to you is to file as soon as possible. You do not want to wait until the last minute in order to obtain your visa under the cap. The quota usage is unpredictable, and waiting could jeopardize your case.

How to Contact Us

If you have questions about an H-1B visa under the cap, an immigration visa or green card matter, and/or you need help in an immigration process, please contact our immigration attorneys or call the law firm of Shihab & Associates Co., LPA at the nearest office close to you to consult with an attorney. Our law firm handles various matters including Green Cards and Permanent Residence, family immigration, immigrant visas, non-immigrant visas, employment visas and H1B visas, Investor Visas, PERM applications, and many more. Please contact us and experience how our law firm can assist you in your immigration matters. Whether you are an employer, an employee or a family member, the law firm of Shihab & Associates, Co., LPA has competent, responsive and innovative lawyers who can make your immigration experience pleasant and seamless.