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2013 H-1B Cap Has Been Reached

By Roberta Freedman / Apr 07, 2014

On June 12, 2012, the U.S. Citizenship and Immigration Services (USCIS) announced that as of June 11, 2012, the agency has received more than enough applications for new H-1B visas for the 2013 fiscal year. This includes the normal 65,000 quota (also called a "cap") and the additional 20,000 quota for persons who have an advanced degree (more than a bachelor degree) from a U.S. university. The H-1B is a temporary work status used by U.S. employers for hiring foreign nationals to perform jobs that require a bachelor degree or higher (professionals), and the employer must prove it will pay the employee the same or more than a similar worker for a comparable job in the geographic location. The government's fiscal year runs from Oct. 1, until Sept. 30. H-1B applications can be filed up to six months before Oct. 1. For more on H-1B visas, see the Clark Hill website .

Persons who have been issued an H-1B under a previous cap, for work with a private employer, and have not used all of their time on an H-1B (generally limited to six years), and persons who work for or in furtherance of a U.S. university or research organization, are exempt from the H-1B cap. Persons whom wish to apply for an H-1B visa under the fiscal year 2014 cap may apply beginning April 1, 2013, for a start date in H-1B status of Oct. 1, 2013.