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New York Immigration Lawyer Update: USCIS to accept H-1B petitions on April 2, 2012

above-the-bar-logo.jpgOur New York Business Immigration Lawyers are preparing H-1B applications on behalf of companies and corporate executives, physicians, nurses, software engineers, and other professionals. The United States Citizenship & Immigration Services (USCIS) will start to accept H-1B petitions for the fiscal year 2013 on Monday April 2, 2012. If an application is approved, the H-1B employee can start working for a sponsoring company on October 1, 2012. It is imperative for businesses to analyze their current employment and staffing needs now to determine whether they should file a H1-B application before the visa quota is reached. Contact our NY Immigration Attorneys at (800) 893-9645 to best evaluate your legal options.

Timing is critical because there is a limit of 65,000 on the number of approved H-1B applications. This cap has been met every year sometimes within mere days of when the filings are accepted. Below is a chart which underscores why companies and qualified professionals must act quickly. It is worth noting that companies who try to jump the gun and file before April 1st will have their applications rejected.

Year Cap threshold Date Quota Was Reached
2003 65,000 October 1, 2003 2004 65,000 October 1, 2004 2005 85,000 August 10, 2005 2006 85,000 May 26, 2006 2007 85,000 April 3, 2007 2008 85,000 April 7, 2008 2009 85,000 December 21, 2009 2010 85,000 January 26, 2011 2011 85,000 November 22, 2011 2012 85,000 Will you file your application before it is too late?

Companies and executives are advised to evaluate the immigration status of their international employees and prospective employees. Employers should consult with experienced labor and employment law counsel to consider their options and learn the maze of administrative regulations affecting H-1B employees such as payment of prevailing wage. There are many unique employment issues affecting H-1B employees which may not be applicable to employees who are US Citizens. If you have any questions regarding your employment or prospective employment of an H-1B employee, contact one of our experienced business immigration attorneys at (800) 893-9645.


Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

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