FY2013 H-1B Numbers Update – 42,000 Regular and 16,000 Masters Cap Visas Used; Last Call for Filings (May 18, 2012)

The H-1B season is not only well underway but we are starting to see the end of the quota in this seventh weekly update on the FY2013  cap-subject H-1Bs filed since April 2 for both the Vermont and California Service Centers.   As of May 18, 2012, USCIS has received approximately 42,000 H-1B petitions counting toward the 65,000 cap.   This suggests a rate of filings of approximately 4,000-5,000 regular cap cases per week.   Similarly, as of May 18, there were approximately 16,000 H-1B visas filed subject to the U.S. Masters cap (which has 20,000 limit).   This suggests a rate of filings of approximately 1,200-1,500 master’s cap cases per week.

This report suggests a relatively steady rate of filings of about 4,000-5,000 per week in the regular cap and 1,200-1,500 per week in the U.S. master’s cap.   We expect that an increasing rate of weekly filings will continue for the next few weeks until the H-1B cap closes.

Comparison to the Last H-1B Season (FY2012)

Our office keeps detailed statistics of the previous H-1B filing seasons, and we are able to make comparisons with prior H-1B years in an effort to estimate demand and when the H-1B caps may be reached.  Considering the estimated rates of filings for the regular and master’s caps, all indications are that the cap would remain open for a few (but not more than 3-5) more weeks.  Please note that historically, the rate of H-1B filings increases towards the end of the H-1B cap.

Based on this information, and anticipating notable increase in the rate of filings, we anticipate that this year’s H-1B season would extend for another 3-5 weeks, at most.

H-1B Cap to be Reached Within Few Weeks – Prepare and File H-1B Cases As Soon As PossibleIt should be noted that the current (and increasing) weekly rate of filings (about 5,000 for the regular and up to 1,500 per week for the master’s cap) is likely to continue to increase dramatically once the H-1B cap is about to be reached.   Another consideration is that it takes at least 2-3 weeks to prepare and file an H-1B case (including the FEIN employer verification, if necessary, the LCA and the preparation and filing of the H-1B documents).    As a result, we strongly recommend employers and employees who are considering filing under the H-1B cap this year to start the process as soon as possible to avoid being left out of this year’s H-1B cap.

Contact Us to Start Your H-1B Case

If you are considering filing a cap-subject H-1B petition as part of the FY2013 quota, please contact us as soon as possible.  We also invite our clients and readers to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.