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h-1b cap filings to open soon: will there be a lottery this year?

Immigration Services will begin accepting H-1B cap petitions on April 1, 2013, for a start date of October 1, 2013.

In each of the past three years, the H-1B cap was reached earlier and earlier. It was reached in June last year. Accordingly, it is very possible that this year, the cap will be reached during the initial five day filing period, and that there may be a lottery to choose which petitions are accepted for adjudication and which are returned.

We are therefore recommending that all employers review their staffing needs early and try to file any H-1B cap matters during the first week of April.

If you have any questions about the H-1B cap, please contact Managing Partner Michael Wildes at

For Further Information On How We Can Help Your Firm Meet Its Employment Eligibility Verification Obligations, Please Contact Amy Wildes At