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Chris Musillo on Nurse and Allied Health Immigration

WHEN WILL THE H-1B CAP BE REACHED?

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by Chris Musillo


The H-1B cap opened on April 1.  Any H-1B cap-subject petition that is received on or before April 5 is considered a first day filing.  It is unknown at this time whether the H-1B cap will be reached on the first day or not.  In a March 15, 2013 press release the USCIS predicted that,


Based on feedback from a number of stakeholders, USCIS anticipates that it may receive more petitions than the H-1B cap between April 1, 2013 and April 5, 2013.


If the USCIS receives more petitions than it is statutorily allowed to approve it will commence an H-1B lottery.  Any H-1B petition that does not "win" the lottery will be returned to the employer.

This begs the question of whether the H-1B cap will in fact be reached by April 5.  MU Law had its busiest week, filing more H-1B cap-subject petitions than it ever has.  This leads us to believe that the H-1B cap will be reached by April 5.


ILW.com's Roger Algase had an interesting report yesterday.  He says that a FedEx representative told him that their delivery service sent 23,000 to the Vermont Service Center on Monday April 1.  If this report is true then the H-1B cap surely will be reached by April 5. 




FedEx is one of three major US courier services.  The Vermont Service Center is one of two receiving facilities for H-1B cap-subject petitions.  April 1 is just one of the five days that H-1B cap-subject petitions will be received.



Traditionally the USCIS announces when the H-1B cap is reached within 72 hours of the 65,000th H-1B cap-subject petition filing.  Based on all of the data, MU Law's expectation is that the USCIS will make an announcement sometime next week that the H-1B cap was indeed reached on April 5.


Read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.  You can also visit us on Facebook and follow us on Twitter.

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