Here is the Current FY-2013 H-1B Cap Count:
|Cap Type||Cap Amount||Cap Eligible Petitions||Date of Last Count|
|H-1B Regular Cap||65,000||36,700||05/11/2012|
|H-1B Master’s Degree Exemption||20,000||14,800||05/11/2012|
The H-1B nonimmigrant visa category allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 annual cap or the 20,000 annual cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap. Unless otherwise exempt from the cap, petitions filed on behalf of beneficiaries who have obtained a U.S. master’s degree or higher will be counted against the regular cap once USCIS has received sufficient petitions to reach the advanced degree exemption of 20,000.
In addition, not all H-1B nonimmigrants are subject to the annual cap. Please note that USCIS sets aside up to 6,800 visas 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.