Publications

H-1B Visa Cap Reached

June 13, 2012 E-Alerts

Tuesday evening the Department of Homeland Security (DHS) announced that the annual allotment of new H-1B visas had been exhausted as of Monday, June 11, 2012. This represents the fastest pace at which companies have applied for these visas since the beginning of the Great Recession and now prohibits many employers from seeking to employ skilled and educated foreign workers in the U.S. Companies seeking to sponsor current H-1B visa holders and others who might be exempt from this annual cap may certainly continue to file petitions, but for most recent foreign national graduates new visas will be unavailable during the federal 2013 fiscal year of October 1, 2012 to September 30, 2013. Absent Congressional action, companies and prospective employees will now have to wait to file for new H-1B visas until April 1, 2013.

To offer perspective on what happened with this 2012 rush, in the past three (3) years the annual cap of 65,000 H-1B visas had been exhausted on these dates –

  • FY 2011 – November 22, 2011
  • FY 2010 – January 26, 2011
  • FY 2009 – December 21, 2009

Currently it is unknown what factors went into triggering the rushed pace for 2012. The pace of the petitions historically has been an indicator of increased demand in the economy for skilled workers, particularly engineers and IT professionals. What is clear is that come early next year (2013) companies should be prepared to file petitions on the first day applications can be made – i.e. April 1, 2013, to ensure at least the chance of receiving an H-1B visa for their employee(s).

There are certainly other avenues and visas available for companies to pursue. The requirements of these other visas, however, is often prohibitive but should nevertheless be explored as an alternative might exist.

For questions regarding H-1B visas or other visa options available to you please contact Kevin Mosher at (651) 389-5007.

Firm Highlights

Experience

Thompson Coe Saves Client $100Ks in Damages After 3-Day Trial

Experience

COVID-19 Response Team - Resources and Updates

Publication

The Tale of OCS and the Coronavirus

How has Opportunity Community Services survived during this pandemic and Phase 1? Rose Kukwa of Opportunity Community Services and Dennis Van Norman with Van Norman & Associates share their experience.  Rose and her team...

Publication

The Importance of Strategic Transitions

Transitions versus change, what’s the destination and why is this important for a business?  Kevin talks with Gwen Gierke from Gierke Jungbauer on how they help to manage transitions. Transition happens in three stages: the ending, the neutral zone, and...

Publication

The 2020 HR Recap

We’ve made it to the recap episode! The good, the bad, the ugly, and everything in between. Join Kevin and Elaine (Lainey) Luthens as they discuss it all including FFCRA legislation, OSHA, what they...

News Item

Thompson Coe Welcomes Partners Kenya Bodden and Patrick Kelly

Publication

U.S. Supreme Court Settles Issue of Title VII Protections for LGBTQ+ Employees

Headshot of Stephanie Rojo
Publication

Supreme Court Reaffirms and Clarifies Ministerial Exception to Employment Discrimination Laws Under First Amendment’s Religion Clause

Publication

ICHRAs

Individual Coverage HRA. What is it? What are the benefits and drawbacks? What companies are a good fit for ICHRAs versus group health plans? Kevin talks with Matt Hollister, President and CEO of Business...

Publication

The COVID-19 Vaccine Part 1