H-1B Cap Update and Projection

As of November 19, United States Citizenship and Immigration Services (USCIS) reported that it has received approximately 48,977 H-1B petitions counting toward the annual 65,000 “cap.” Nearly 7,000 petitions have been filed over the past five weeks. USCIS also has received 17,836 petitions (2,100 over the past five weeks) for individuals with advanced degrees counting toward the 20,000 advanced U.S. degree or “Master’s Cap.”.

While last year’s cap (FY 2010) was reached just before Christmas in 2009, a continuation of the filing volume of the past several months indicates that the total H-1B allocation might not be exhausted until late January or early February 2011. Nevertheless, employers are encouraged to act quickly whenever a candidate for H-1B sponsorship has been indentified. H-1B demand can vary greatly, as shown by an unusual one week spike in USCIS receipts in mid-August. In addition, December university graduates may create an increase in demand as well as those F-1 students whose Optional Practical Training (OPT) employment authorization will be expiring in 2011. H-1B availability can be tracked on the USCIS website.