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H-1B Cap as of April 27, 2012: About half the Cap Numbers are Gone

  • May 4, 2012
  • Category: H-1B Cap Count, H-1B Visas
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Here is the Current FY-2013 H-1B Cap Count:

Cap TypeĀ  Cap AmountĀ  Cap Eligible PetitionsĀ Ā  Date of Last Count
H-1B Regular CapĀ  65,000Ā  29,200 04/27/2012
H-1B Masterā€™s Degree ExemptionĀ  20,000 12,300 04/27/2012

The H-1B nonimmigrant visa category allows U.S. employers to temporarily employ foreign workers in specialty occupations.Ā  Unless determined to be exempt, H-1B petitions are subject to either the 65,000 annual cap or the 20,000 annual cap exemption.Ā  By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year.Ā  The first 20,000 petitions for these visas filed on behalf of individuals with U.S. masterā€™s degrees or higher are exempt from this cap.Ā  Unless otherwise exempt from the cap, petitions filed on behalf of beneficiaries who have obtained a U.S. masterā€™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.Ā 

In addition, not all H-1B nonimmigrants are subject to the annual cap.Ā  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.

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