November 1, 2011

USCIS updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 10/28/11, approximately 49,200 H-1B cap-subject petitions were receipted. USCIS has receipted 20,000 H-1B petitions for aliens with advanced degrees

WITH ONLY 15,000 H-1Bs REMAINING, ANY NEW H-1Bs SHOULD BE FILED ASAP!!!  

The most current H-1B count is available at: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD

Please note that not all individuals are subject to the H-1B "cap".  An individual working for a university or closely affiliated not-for-profit organization not subject to the H-1B "cap".  Individuals already in H-1B status are not subject to the cap; unless you are moving a "cap" exempt university (or affiliate) to a "cap" subject employer.

Please contact our office if you are interested in obtaining H-1B work authorization.

NEW I-129 FORM

On 2/20/2011, all employers are now required to attest on the H-1B petition form that the foreign national employee is not being exposed to technology that would otherwise require an export license to the foreign national's home country.  Few exports require licenses; however, the analysis required to determine whether licenses are required can be quite extensive.  Employers will need to review the technologies used in their businesses prior to filing an H-1B petition for an employee.