Attention Employers of H-1B Workers! H-1B Cap Reached

January 2011Alerts Immigration Practice Alert

U.S. Citizenship and Immigration Services (USCIS) has announced that the H-1B cap for fiscal year 2011 has been reached. USCIS indicated that as of January 26, it had received a greater-than sufficient number of H-1B petitions to meet the FY 2011 H-1B cap.

What this means:

  • You cannot file a cap-subject petition for a new H-1B worker again until April 1, 2011, and the petition may not request an employment start date earlier than October 1, 2011 (which is the start date of the federal government's new fiscal year, 2012).
  • USCIS will reject cap-subject petitions for new H-1B workers that request an employment start date in FY 2011 if it received/receives the filing after January 26, 2011.
  • USCIS will apply a computer-generated random selection process to cap-subject petitions received on January 26, 2011. Petitions not selected, will be rejected, and USCIS will return the accompanying filing fees.
  • Cap-subject H-1B employers may still file petitions to:
    • Extend the amount of time a current H-1B worker may remain in the United States;
    • Change the terms of employment for current H-1B workers;
    • Allow current H-1B workers to change employers; and
    • Allow current H-1B workers to work concurrently in a second H-1B position.
  • Cap-exempt employers may, of course, continue to file H-1B petitions.

For more information regarding the information in this alert, contact Catherine V. Wadhwani at 412.394.5540 or [email protected] or any member of our Immigration Practice.