USCIS announced last week that the statutory cap on H-1B specialty occupation petitions for FY 2013 was reached as of June 11, 2012. As such, USCIS will reject cap-subject petitions for new H-1B workers seeking an employment start date in FY 2 013 that are received after June 11, 2012. Additionally, more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption were received as of June 7, 2012.
USCIS continues to accept cap-exempt petitions as well as the following:

  • petitions to extend the amount of time a current H-1B worker may remain in the U.S.;
  • petitions to change the terms of employment for current H-1B workers;
  • petitions to allow current H-1B workers to change employers; and
  • petitions to allow current H-1B workers to work concurrently in a second H-1B position.

The H-1B program allows for the employment of foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields. Such workers often include scientists, engineers,or computer programmers, among other.