Update: Fiscal Year 2013 H-1B Cap Count

On May 11, 2012, U.S. Citizenship & Immigration Services (USCIS) announced an update to the number of H-1B petitions received to date for the FY2013 cap: 36,700 petitions under the 65,000 regular H-1B cap, and 8,200 petitions under the 14,800 H-1B U.S. Master’s Degree Exemption. This means that approximately 44% of regular H-1B petitions and about 26% of U.S. Master’s Degree Exemption petitions remain available. As previously discussed, employers would be wise to initiate H-1B cap cases as soon as possible, as the historical filing data suggest that the cap is very likely to be met earlier than it was in 2010 and 2011.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.