H-1B Visa Quota Update (*last updated August 31, 2010)
There are still THOUSANDS of H-1B visas remaining for Fiscal Year 2011 although they will not last forever!

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Track the H-1B Visa numbers from April 2010 - See below!

The H-1B visa numbers clarified

How many H-1B visas are available every year and what is the "cap" or "quota"? On April 1st of every year the U.S. government makes available 65,000 regular cap H-1b visas and 20,000 master's cap H-1b visas for the upcoming government "fiscal year". The government fiscal year begins on October 1st of every year. For example, when the H-1B visa window opened on April 1, 2010, the government made available H-1b visas for the 2011 fiscal year, which begins on October 1, 2010.  The H-1B visa "cap" is merely the annual numerical limitation set by Congress on the number of workers authorized to be obtain an H-1B visa.  The cap is 65,000 in the regular cap category and 20,000 in the master's cap category. 

Is it true that a certain number of H-1B visas are set aside every year for citizens of Chile and Singapore? Yes, this is true!  Among the 65,000 regular cap H-1B visas, 6,800 are set aside Chilean and Singaporean nationals under the terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement.  

Are H-1B Visas still available? As of the latest USCIS update, which occurred on August 27, 2010, there were approximately only 34,900 of the 65,000 regular cap H-1B visas taken and 13,000 of the 20,000 master's cap H-1B visas taken.  Therefore there are still approximately 30,100 regular cap H-1B visas and 7,000 master cap H-1b visas still available.

It's way past April 1, can I still submit an H-1B application?  Yes, of course.  April 1 is only the date that the new allotment of H-1B visas for the upcoming fiscal year becomes available.  April 1 is the earliest date that you may submit an H-1B application for the upcoming fiscal year (October 1 start-date).

Do I have to submit my application by October 1? No, not if there are still H-1B visas available after October 1.  The significance of October 1 is that it is the begining of the government's fiscal year.  This is important in the H-1B visa context because the H-1B regulations state that if you are applying for a cap-subject H-1B visa that you may not request an employment start early than October 1. 

How does this year compare to last year (2009 or Fiscal year 2010)? This year is slower than last year.  For comparison purposes, last year on July 10, 2009, 44,900 H-1B regular cap petitions had been filled and all 20,000 in the master's cap category had been filled.  As you will see in the chart below, as of August 20, 2010, only 33,900 regular cap H-1B visas and 12,600 master's cap H-1B visas have been taken. 

How does this year compare to 2008 (Fiscal Year 2009) and 2007 (Fiscal Year 2008)? This year is significantly slower than 2008 and 2007.  For example, by April 7, 2008, USCIS received 190,000 total applications and by April 3, 2007, USCIS received 150,000 total applications.  USCIS was forced to conduct a lottery for all applications received in both 2008 and 2007. 

What is the H-1B Visa lottery? The H-1B visa lottery is a lottery that the USCIS will conduct if it receives more H-1B visas than there are spots available.  For example, in 2008 and 2007 the USCIS conducted a lottery in early April in selecting applications to adjudicate since they received significantly more applications than there were spots available.  USCIS will only conduct a lottery when they receive more applications than the 65,000 and 20,000 spots available.  If you submit an application and there are still H-1b visa numbers available you will not be subject to a lottery. 

I have a U.S. Master's degree.  What happens if the master's cap fills up but the regular cap remains open? If the master's degree cap fills, but the regular cap remains open anyone applying with a U.S. master's degree will be added to the regular cap category.  There will be no difference in the adjudication process. 


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