By Mark J. Newman, Susie Kim and Aimee Clark Todd
U.S. Citizenship and Immigration Services (USCIS) announced that, effective November 22, 2011, the H-1B cap had been reached. The cap applies only to petitions for new H-1B employment, not to H-1B extensions or an H-1B change of employer (unless the prior employer was cap-exempt). Now that the cap has been reached, H-1B petitions subject to the cap cannot be filed again until April 1, 2012, for a work start date of October 1, 2012.
Employers who need to hire a foreign worker and would normally use the H-1B category should consider the alternative categories that are available:
As indicated above, there are various alternatives to the H-1B category but each is very limited in its own way. For this reason, every case must be assessed on its own merits.
If you have any questions about the information in this advisory, please contact any member of the Immigration Group.
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