USCIS Continues to Accept 2011 FY H-1B Cap Petitions

U.S. Citizenship and Immigration Services (USCIS) is reporting that as of June 25, 2010, approximately 33,500 H-1B cap-subject petitions have been filed for Fiscal Year 2011. USCIS has received approximately 23,500 H-1B petitions counting towards the 65,000 general cap and approximately 10,000 H-1B petitions for individuals with advanced U.S. degrees. While the H-1B cap appears to be proceeding slowly, it is impossible to predict when the cap will be reached. We recommend filing any potential H-1B cap cases immediately.

Last year, the H-1B cap was not reached until late December. In 2008, USCIS received approximately 163,000 petitions during the initial five-day H-1B cap filing period, and among those, USCIS conducted a random selection process to select 65,000 petitions for the H-1B cap plus 20,000 petitions for the advanced degree cap. The difference between the 2008 and the 2009 and current H-1B caps is attributable to the downturn in the economy.