On April 1, 2011, USCIS will begin accepting H-1B petitions subject to
the annual cap for Fiscal Year 2012. All cases will be considered
accepted on the date that USCIS receives a properly filed petition with
the correct fee. The postmark date will not be considered the accepted
date.
U.S. businesses that employ foreign workers engaged in specialty
occupations that require technical or theoretical expertise, such as
scientists, engineers and computer programmers, may use the H-1B
program.
The cap for 2012 is 65,000; the first 20,000 petitions filed on behalf
of people with U.S. master’s degrees or higher will be exempt from this
65,000 cap.
Please note that petitions filed on behalf of a current H-1B worker who
has previously been counted against an annual cap will not count toward
the 2012 annual cap. USCIS states that it will continue to process
petitions filed to extend the amount of time a current H-1B worker may
remain in the U.S., change the terms of employment for an H-1B worker;
allow a current H-1B worker to change employers or allow a current H-1B
worker to work concurrently in a second H-1B position in the U.S.
