H-1B VISAS FOR FY2013 - Atlanta Immigration lawyer | Best immigration attorneys Atlanta GA

H-1B season is here again with new petitions for FY2013 (based on the government’s fiscal year of 10/1/2012-9/30/2013). Employers who wish to file for their employees now prepare petitions for cap-subject applicants to start on 10/1/2012. USCIS will start accepting these applications on April 2, 2012 (because April 1st falls on a Saturday).
Even though the petitions can be filed in April, the actual start date cannot be sooner than October 1, 2012, the beginning of fiscal year 2013, unless certain conditions are met (For example a student in valid OPT status can continue to work throughout 10/1/2012 when a change of status request is approved).
USCIS changed its mind and decided not to go forward with the proposed advance registration rule of employers prior to filing H-1B petitions (See “Registration Requirement for Petitioners Seeking to File H-1B petitions on Behalf of Aliens Subject to the Numerical Limitations,” Federal Register, Volume 76, No. 42, March 3, 2011). The proposed rule was opposed by many in the public comment stage including the Small Business Administration Office of Advocacy and is really unnecessary in these years where the cap did not get exhausted immediately.
Because the economy is improving, I project that H-1B visas will be reached much earlier in the fiscal year than last year (when it was exhausted late November).
Any employer that is contemplating filing an H-1B visa petition in the next year should do so sooner rather than later.