In an ALERT forwarded to our clients on May 29, we noted that of the Petitions subject to the 65,000 cap, 42,000 Petitions had been received as of May 18, 2012. Of the additional 20,000 master’s degree H-1B Petitions allowed under that segment of the cap, 16,000 had been filed.
In an informational release from the U.S. Citizenship and Immigration Services issued May 30, 2012, it was announced that as of May 25, 2012, 48,400 Petitions toward the 65,000 cap had been received. Similarly, 17,500 toward the cap of 20,000 master’s degree Petitions had been received.
It is unknown when the cap will be reached, but it is clear, given the most recent counts, which are almost a week behind, that it certainly could be within the next week to, at very most, two weeks. Because the process of seeking an H-1B Petition requires a prevailing wage from the Department of Labor as a preliminary, which can take up to a week, it is crucial that any employer who wishes to get a Petition in under the cap begin the process immediately.
Again, certain employers will not be subject to either cap, and the statistics set forth in this ALERT should not concern them.