H1B Visa Cap Update
*Fiscal Year 2012 H1B Cap has been filled - prepare your application for April 1, 2012 (Fiscal Year 2013) TODAY!  A larger number of application submissions are expected on April 1, 2012 - Be Prepared, don't Delay!

Track the H1B Visa cap count from the past few years - See below!

See the following link on our site for more info on the H1B Visa: H1B Visa Attorney

The H1B visa cap count numbers clarified

How many H1B visas are available every year and what is the "H1B Visa cap" or "H1B Visa quota"? On April 1st of every year the U.S. government makes available 65,000 regular cap H1b visas and 20,000 master's cap H1b visas for the upcoming government "fiscal year". The government fiscal year begins on October 1st of every year. For example, when the H-1B visa window opened on April 1, 2010, the government made available H-1b visas for the 2011 fiscal year, which begins on October 1, 2010.  The H-1B visa "cap" is merely the annual numerical limitation set by Congress on the number of workers authorized to be obtain an H-1B visa.  The cap is 65,000 in the regular cap category and 20,000 in the master's cap category.

Is it true that a certain number of H1B visas are set aside every year for citizens of Chile and Singapore? Yes, this is true!  Among the 65,000 regular cap H-1B visas, 6,800 are set aside for Chilean and Singaporean nationals under the terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement.  These visas are known as H1B1 visas.

If 6,800 H1 visas are set aside for nationals of Chile and Singapore, does that mean there are really only 58,200 regular cap H1Bs available to everyone else? Technically, yes, the number of regular cap H1B visas available to everyone else is brought down to 58,200 after deducting the H1B1s for those from Chile and Singapore.  However, when the 6,800 H1B1s aren't used up in a particular year they are added back to the regular cap allotment for the next year.  For example, in FY2010 (April 1, 2009 filing date), 6,350 H1B1s went unused.  Therefore these 6,350 H1 visas were all added to the regular cap for FY2011 (April 1, 2010 filing date) bringing the true number of regular cap H1B visas available to everyone to 64,550 for FY2011 (65,000 - 6,800 + 6,350 = 64,550).  H1B1s designated for nationals of Chile and Singapore are almost always signicantly underused every year.

Are H1B Visas still available? USCIS announced that the annual limit for H-1B filings was reached as of 11/22/11. Any cap-subject applications received after that date will be rejected.  The next opportunity to submit a cap subject H1B petition will be on April 1, 2012, for Fiscal Year 2013.  It's always recommended to begin the preparation of your petition as early as possible to avoid any last minute delays.  In addition, if this year is any indication, it appears that the demand for H1Bs is slightly increasing.  Should there be positive movement in the economy over the next few months we can expect a larger surge of applications on April 1, 2011, for Fiscal Year 2013.

It's way past April 1, can I still submit an H1B application? Only if the H1B cap has not been filled or you have already been subject to the cap or your employer is cap exempt.  April 1 is only the date that the new allotment of H1B visas for the upcoming fiscal year becomes available.  April 1 is the earliest date that you may submit an H-1B application for the upcoming fiscal year (October 1 start-date).

Do I have to submit my application by October 1? No.  The significance of October 1 is that it is the begining of the government's fiscal year.  This is important in the H-1B visa context because the H-1B regulations state that if you are applying for an H-1B for the first time and your position is cap-subject, you may not request an employment start earlier than October 1.  Of course you can always request a start-date later than October 1 as long as the date is not more than 6 months in advance of when you file your application.  For example, if you file an application on November 1, you can request a start date as far in advance as May 1.

What has been the trend over the past few years in regard to how quickly the H1B cap has been filled? In Fiscal Year 2011 (April 1, 2010 filing window), the H1B cap remained open until January 26, 2011.  In Fiscal Year 2010 (April 1, 2009 filing window), the H1B cap remained open until December 2009. USCIS announced on November 23, 2011 that the annual limit for H-1B filings was reached as of 11/22/11. As you can see the last several years have been much slower than in previous years, due in large part to the economy and to a lesser extent increased scrutiny by USCIS.  In contrast, on April 7, 2008 (Fiscal Year 2009), a total of 190,000 total applications were recieved and by April 3, 2007 (Fiscal Year 2008), a total of 150,000 applications were recieved.  In both of those years USCIS was forced to conduct a lottery and the cap was closed off in early April.  It is our opinion that the Fiscal Year 2013 will be a year of higher demand based on the trend for Fiscal Year 2012 and the general interest we've seen in new H1Bs and H1B transfers over the last 6 months.

What is the H-1B Visa lottery? The H-1B visa lottery is a lottery that USCIS will conduct if it receives more H1B visas than there are spots available.  For example, in 2008 and 2007 USCIS conducted a lottery in early April in selecting applications to adjudicate since they received significantly more applications than there were spots available.  USCIS will only conduct a lottery in early April when they receive more applications than the 65,000 and 20,000 spots available.  If you submit an application and there are still H-1b visa numbers available then you will not be subject to a lottery.  Oftentimes, when the H1B numbers are running out and it's clear that the cap will fill any day, USCIS will conduct a lottery of all applications received within the last few days, as there will almost definitely be more applications coming in than there are H1b numbers remaining.  For example, USCIS did this at the end of January 2011 when the numbers were running out.  Unfortunately, they didn't do this for Fiscal Year 2012 when the numbers ran out on 11/22/2011.

I have a U.S. Master's degree.  What happens if the master's cap fills up but the regular cap remains open? If the master's degree cap fills, but the regular cap remains open anyone applying with a U.S. master's degree will be added to the regular cap category.  There will be no difference in the adjudication process.

I've already been approved for another work visa, such as the O-1 or TN, will I still be subject to the H-1B cap? Yes, even if you've already been approved for another work visa, such as the TN Visa, L-1 Visa, or O-1 Visa, you will still be subject to the H-1B cap.  That means you are also still subject to the April 1 filing window and the October 1 start-date.  This should be taken into consideration in case a strategy needs to be developed in order to maintain legal status in the U.S.

Where can I find out more info about the H1B Visa? For more info about the H1 Visa, please visit the following page on our website:  H1B Visa.


Contact us to discuss your case:

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Tracking the H1B Visa Numbers From April 1, 2010 (FY 2011)

The USCIS H1B Visa Cap Count From Last Year

January 26, 2011

USCIS announces that they have received enough cap-subject petitions to reach the limit of 65,000. They will apply a computer-generated random selection process (aka "lottery") to all petitions that are subject to the cap and were received on January 26, 2011.

January 21, 2011

As of January 21, 2011, approximately 62,800 H-1B visa cap-subject petitions and 20,000 H-1B visa petitions for aliens with a U.S. master's degree were received.

January 14, 2011

As of January 14, 2011, approximately 60,700 H-1B visa cap-subject petitions and 20,000 H-1B visa petitions for aliens with a U.S. master's degree were received.

January 7, 2011

As of January 7, 2011, approximately 58,700 H-1B visa cap-subject petitions and 20,000 H-1B visa petitions for aliens with a U.S. master's degree were received.

December 31, 2010

As of December 31, 2010, approximately 57,300 H-1B visa cap-subject petitions and 20,000 H-1B visa petitions for aliens with a U.S. master's degree were received.

December 17, 2010

As of December 17, 2010, approximately 53,900 H-1B visa cap-subject petitions and 19,700 H-1B visa petitions for aliens with a U.S. master's degree were received.

December 10, 2010

As of December 10, 2010, approximately 52,400 H-1B visa cap-subject petitions and 19,100 H-1B visa petitions for aliens with a U.S. master's degree were received.

December 3, 2010

As of December 3, 2010, approximately 51,200 H-1B visa cap-subject petitions and 18,700 H-1B visa petitions for aliens with a U.S. master's degree were received.

November 26, 2010

As of November 26, 2010, approximately 50,400 H-1B visa cap-subject petitions and 18,400 H-1B visa petitions for aliens with a U.S. master's degree were received.

November 19, 2010

As of November 19, 2010, approximately 48,977 H-1B visa cap-subject petitions and 17,836 H-1B visa petitions for aliens with a U.S. master's degree were received.

November 12, 2010

As of November 12, 2010, approximately 47,800 H-1B visa cap-subject petitions and 17,400 H-1B visa petitions for aliens with a U.S. master's degree were received.

November 5, 2010

As of November 5, 2010, approximately 46,800 H-1B visa cap-subject petitions and 17,200 H-1B visa petitions for aliens with a U.S. master's degree were received.

October 29, 2010

As of October 29, 2010, approximately 45,600 H-1B visa cap-subject petitions and 16,700 H-1B visa petitions for aliens with a U.S. master's degree were received.

October 22, 2010.

As of October 22, 2010, approximately 44,300 H-1B visa cap-subject petitions and 16,200 H-1B visa petitions for aliens with a U.S. master's degree were received.

October 15, 2010

As of October 15, 2010, approximately 42,800 H-1B visa cap-subject petitions and 15,700 H-1B visa petitions for aliens with a U.S. master's degree were received.

October 8, 2010

As of October 8, 2010, approximately 41,900 H-1B visa cap-subject petitions and 15,400 H-1B visa petitions for aliens with a U.S. master's degree were received.

October 1, 2010

As of October 1, 2010, approximately 40,600 H-1B visa cap-subject petitions and 14,900 H-1B visa petitions for aliens with a U.S. master's degree were received.

September 24, 2010

As of Septebmer 24, 2010, approximately 39,600 H-1B visa cap-subject petitions and 14,400 H-1B visa petitions for aliens with a U.S. master's degree were received.

September 17, 2010

As of Septebmer 17, 2010, approximately 38,300 H-1B visa cap-subject petitions and 14,000 H-1B visa petitions for aliens with a U.S. master's degree were received.

September 10, 2010

As of Septebmer 10, 2010, approximately 37,400 H-1B visa cap-subject petitions and 13,700 H-1B visa petitions for aliens with a U.S. master's degree were received.

September 3, 2010

As of Septebmer 3, 2010, approximately 36,600 H-1B visa cap-subject petitions and 13,400 H-1B visa petitions for aliens with a U.S. master's degree were received.

August 27, 2010

As of August 27, 2010, approximately 34,900 H-1B visa cap-subject petitions and 13,000 H-1B visa petitions for aliens with a U.S. master's degree were received.

August 20, 2010

As of August 20, 2010, approximately 33,900 H-1B visa cap-subject petitions and 12,700 H-1B visa petitions for aliens with a U.S. master's degree were received.

August 13, 2010

As of August 13, 2010, approximately 29,700 H-1B visa cap-subject petitions and 12,300 H-1B visa petitions for aliens with a U.S. master's degree were received.

August 6, 2010

As of August 6, 2010, approximately 28,500 H-1B visa cap-subject petitions and 11,900 H-1B visa petitions for aliens with a U.S. master's degree were received.

July 30, 2010

As of July 30, 2010, approximately 27,300 H-1B visa cap-subject petitions and 11,600 H-1B visa petitions for aliens with a U.S. master's degree were received.

July 23, 2010

As of July 23, 2010, approximately 26,000 H-1B visa cap-subject petitions and 11,300 H-1B visa petitions for aliens with a U.S. master's degree were received.

July 16, 2010

As of July 16, 2010, approximately 25,300 H-1B visa cap-subject petitions and 11,000 H-1B visa petitions for aliens with a U.S. master's degree were received.

July 9, 2010

As of July 9, 2010, approximately 24,800 H-1B visa cap-subject petitions and 10,600 H-1B visa petitions for aliens with a U.S. master's degree were received.

July 2, 2010

As of July 2, 2010, approximately 24,200 H-1B visa cap-subject petitions and 10,400 H-1B visa petitions for aliens with a U.S. master's degree were received.

June 25, 2010

As of June 25, 2010, approximately 23,500 H-1B visa cap-subject petitions and 10,000 H-1B visa petitions for aliens with a U.S. master's degree were received.

June 18, 2010

As of June 18, 2010, approximately 22,900 H-1B visa cap-subject petitions and 9,700 H-1B visa petitions for aliens with a U.S. master's degree were received.

June 11, 2010

As of June 11, 2010, approximately 22,200 H-1B visa cap-subject petitions and 9,400 H-1B visa petitions for aliens with a U.S. master's degree were received.

May 21, 2010

As of May 21, 2010, approximately 19,600 H-1B visa cap-subject petitions and 8,200 H-1B visa petitions for aliens with a U.S. master's degree were received.

May 14, 2010

As of May 14, 2010, approximately 19,000 H-1B visa cap-subject petitions and 8,100 H-1B visa petitions for aliens with a U.S. master's degree were received.

May 11, 2010

As of May 11, 2010, approximately 18,000 H-1B visa cap-subject petitions and 7,600 H-1B visa petitions for aliens with a U.S. master's degree were received.

April 27, 2010

As of April 27, 2010, approximately 16,500 H-1B visa cap-subject petitions and 6,900 H-1B visa petitions for aliens with a U.S. master's degree were received.

April 22, 2010

As of April 22, 2010, approximately 16,025 H-1B visa cap-subject petitions and 6,739 H-1B visa petitions for aliens with a U.S. master's degree were received.

April 15, 2010

As of April 15, 2010, approximately 13,600 H-1B visa cap-subject petitions and 5,800 H-1B visa petitions for aliens with a U.S. master's degree were received.