H1-B Visa Petition Submission Begins April 1, 2013

As of April 1, 2013 employers wanting to hire foreign workers through the H-1B visa program can begin filing petitions with U.S. Citizenship and Immigration Services (USCIS). Business use the H-1B program to employ foreign workers in specialty occupations requiring theoretical or technical expertise in specialized fields. Petitions submitted on or after April 1, 2013, will apply for the 2014 federal fiscal year (October 1, 2013- September 30, 2014).

Congress has set a cap of 65,000 H-1B visas per year: the first 20,000 foreign nationals who have earned a master’s degree or higher from an American university are exempt from the cap under the “advanced degree” exemption. Other exemptions include workers who qualify under the U.S. free-trade agreements with Singapore and Chile; work at certain non-profit research organizations and institutions of higher education; or have worked under H-1B status within the past six years. For those not exempt from the cap, it is important to file an H-1B petition as soon as possible on or after April 1, 2013. The cap is usually reached within a few months. For example, the cap for the 2013 federal fiscal year was reached on June 11, 2012.