USCIS recently announced that the H-1B cap has been reached for this fiscal year. Accordingly, USCIS will not accept any filings for new, cap-subject H-1B applications until April 1, 2011. The applications filed on or after April 1, 2011 will have an effective date of October 1, 2011.

This development does not impact cap-exempt employers, like universities or non-profit research institutions, and does not impact individuals who already possess H-1B visas who are transferring to new employers.

Companies who have individuals working on Optional Practical Training (OPT) or who seek H-1B visas for current or future employees should start preparing new H-1B applications well in advance of April 1, 2011.