FY2013 H-1B Numbers Update – 48,400 Regular and 17,500 Masters Cap Visas Used; H-1B Quota to be Reached Soon (May 25, 2012)

The H-1B season may be still only in its second month, but we are starting to see the end of the H-1B caps for this year.   As of May 25, 2012, USCIS has received approximately 48,400 H-1B petitions counting toward the 65,000 cap, an increase of 6,400 for the past reported week.   This suggests an increased rate of filings of approximately 6,000-7,000 regular cap cases per week.   Similarly, as of May 25, there were approximately 17,500 H-1B visas filed subject to the U.S. Masters cap (which has 20,000 limit), an increase of 1,500 for the past reported week.   This suggests a rate of filings of approximately 1,200-1,500 master’s cap cases per week.

This report suggests an increasing rate of filings of about 6,000-7,000 per week in the regular cap and 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 couple of weeks or so, 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 2-3) 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 2-3 weeks, at most.

H-1B Cap to be Reached Within 1-2 Weeks – Too Late to Start New H-1Bs

It should be noted that the current (and increasing) weekly rate of filings (about 6,000-7,000 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, at this point, it may be too late to start new H-1B cap cases under this year’s cap.

Contact Us to Discuss Your Options

As discussed above, it may be already too late if you are considering filing a cap-subject H-1B petition as part of the FY2013 quota.  However, please consider contacting us as soon as possible so that we can help you evaluate your options.   We also invite our clients and readers to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.