Category: Non-immigrant Visa

FY 2013 H1B cap count updates

Today the United States Citizenship and Immigration Services (USCIS) announced that they have received approximately 17,400 regular cap H1B applications and 8,200 Advanced degrees cap petitions. As the H1B cap is still unexhausted from both the 65,000 regular cap and 20,000 advanced degrees cap, the USCIS will continue to accept FY2012 H1B petitions until the congressionally mandated numerical limitation is used up. Based on last year’s statistic, there has been almost 300% increase of regular H1B petitions and 55% increase of the advanced degrees cap received by the USCIS in the month April. With that said, as of April 9, 2012, approx. 17,000 regular cap H1B petitions were filed compared to 2011 at the same time, there were only approximately 5,000 petitions filed. Granted that it is only 10,000 above prior year and significantly weaker than the bustling job market as in 2006 and 2007 where the cap was exhausted on April 1. However, the point to draw upon is that the trend is in the right direction and appears that jobs are growing faster than in 2011 as indicated by these early numbers. Based on the increase of H1B petitions compared to the same time last year, we would “project” that the H1b cap would be exhausted significantly quicker than the prior year. If you are considering a H1B petition for the FY2013 cap we would recommend implementing your plan and filing your petition ASAP so you do not miss the cap. Should you consider a H1B petition and are in need of an experienced H1B immigration lawyer, make sure you contact the Cipolla Law Group.