An H-1B visa quota for Fiscal Year 2013 will be opening up on April 1, 2012.  An H-1B quota consists of two separate “sub quotas,” 65,000 quota is established for foreign nationals holding bachelor’s degrees, and another 20,000 quota is set up for foreign nationals with advanced degrees from US educational institutions.

Generally, if an H-1B visa application is approved, a foreign national employee is authorized to start working for a US employer at the start of the fiscal year, on October 1, 2012.  Optional Practical Training (OPT) status holders might be eligible for a “Cap Gap” that would allow them to start working before October 1, 2012.

H-1B visa denial rates rose from 11% in FY2007 to 17% in FY2011; likewise, Request for Evidence (RFE) rate for H-1B visa applications soared from 4% in FY 2004 to a striking 26% in FY 2011, as reported by the National Foundation for American Policy.  It is increasingly important to be represented by a seasoned H-1B lawyer.  Since the H-1B quota for FY2013 will probably not remain open for long, eligible foreign workers and their US employers are advised to immediately contact H-1B visa lawyer so that your application is ready for submission once the quota opens up on April 1, 2012!