Yesterday, The USCIS updated its current count of H-1B petitions that are subject to the annual H-1B cap for fiscal year 2012 (FY2012), which started on October 1, 2011. According to the USCIS update, almost all of the "Master's Cap" H-1Bs and approximately three-quarters of the "Regular Cap" H-1Bs have been used up for FY2012.
Of the 20,000 Master's Cap's available for FY2012, there were only 400 left as of October 14, 2011 (Note that a petition filed for the Master's Cap is treated as a Regular Cap H-1B case if the Master's Cap is reached first).
The USCIS' update also indicated that as of October 14, roughly 43,300 of the 65,000 Regular H-1Bs were expended for FY2012. Of the 21,700 left, 6,800 are reserved for nationals of Chile and Singapore applying under the treaty-based H-1B1 classification. This leaves approximately 15,000 Regular cap-subject H-1Bs for this fiscal year.
Based on the experience of the last two years, it is likely that the Regular Cap will be reached by December of this year or January 2012. We therefore recommend considering sponsorship for those employees who may need an H-1B during this fiscal year as soon as possible. Please contact our office if you have questions about whether an H-1B petition should be filed for a particular employee, or a prospective employee.
Please note that H-1B petitions are not subject to the cap where one of the following applies:
- The individual has been granted H-1B status within the last six years;
- The petitioning employer is a nonprofit research organization or a governmental research organization; or
- The petitioning employer is an institute of higher education.
Please contact our office if you have further questions about the cap, and whether it applies in a specific case.
We will provide further information as soon as it becomes available.
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