Update as of January 26, 2011

USCIS reaches H-1B cap for 2011

FY2011 H-1B Cap Count

January 26, 2011 H-1B Cap Reached -As of January 26, 2011, USCIS has received a sufficient number of petitions to reach the statutory Cap for FY2011.  USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that are received after January 26, 2011.  USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on January 26, 2011.

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.

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

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.