Update as of August 31, 2010

Current FY 2011 H-1B Cap Count

FY2011 H-1B Cap Count (Updated 8/31/10)
AILA InfoNet Doc. No. 10042368 (posted Aug. 31, 2010)

August 27, 2010 H-1B Cap Count - As of August 27, 2010, approximately 34,900 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 13,000 H-1B petitions for aliens with advanced degrees.This information is taken from the USCIS website for the H-1B Fiscal Year 2011 Cap Season.

How USCIS Determines if an H-1B Petition is Subject to the FY 2011 Cap

We use the information provided in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (Form I-129, pages 14 through 15) to determine whether a petition is subject to the 65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.

Cap Eligible Petitions

This is the number of petitions that USCIS has accepted for this particular type of cap. It includes cases that have been approved or are still pending. It does not include petitions that have been denied.

Petition Target

This is the number of petitions that USCIS projects it will need for the cap to be met.

Cap Amounts

The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

AILA InfoNet Doc. No. 10042368 (posted July 9, 2010)

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

June 11, 2010 H-1B Cap Count

As of June 11, 2010, approximately 22,200 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 9,400 H-1B petitions for aliens with advanced degrees.

May 21, 2010 H-1B Cap Count

As of May 21, 2010, approximately 19,600 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 8,200 H-1B petitions for aliens with advanced degrees.

May 14, 2010 H-1B Cap Count

As of May 14, 2010, approximately 19,000 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 8,100 H-1B petitions for aliens with advanced degrees.

May 11, 2010 H-1B Cap Count

As of May 11, 2010, approximately 18,000 H-1B cap-subject petitions were filed. Additionally, USCIS has received 7,600 H-1B petitions for aliens with advanced degrees.

April 27, 2010 H-1B Cap Count

As of April 27 2010, approximately 16,500 H-1B cap-subject petitions were filed. Additionally, USCIS has receipted 6,900 H-1B petitions for aliens with advanced degrees.

April 22, 2010 H-1B Cap Count

As of April 22, 2010, approximately 16,025 H-1B cap-subject petitions were filed. Additionally, USCIS has receipted 6,739 H-1B petitions for aliens with advanced degrees.

April 15, 2010 H-1B Cap Count

As of April 15, 2010, approximately 13,600 H-1B cap-subject petitions were filed. USCIS has received 5,800 H-1B petitions for aliens with advanced degrees.

About the H-1B Program

H-1B’s are temporary work status for persons filling jobs requiring a minimum of a bachelor’s degree. They can be renewed for up to 6 years and longer when a Perm is also filed according to certain requirements. The petitioning employer must pay the employee the prevailing wage for that state and job description. Read more about H-1B visas here.