FY2013 H-1B Numbers Update – 55,600 Regular and 18,700 Masters Cap Visas Used; Reaching H-1B Cap Imminent (June 1, 2012)
The H-1B season may be just starting its third month today, but we see that the H-1B is about to be reached for this year in a 7-10 days. As of June 1, 2012, USCIS has received approximately 55,600 H-1B petitions counting toward the 65,000 cap, an increase of 10,200 for the past reported week (which had only four “filing” days due to the Memorial Day holiday). This suggests an increased rate of filings of approximately 10,000-13,000 regular cap cases per week. Similarly, as of June 1, there were approximately 18,200 H-1B visas filed subject to the U.S. Masters cap (which has 20,000 limit), an increase of 1,200 for the past reported (four-day) week. This suggests a rate of filings of approximately 1,200-1,500 master’s cap cases per week.
This report suggests a substantially increased rate of filings of about 10,000-13,000 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 week 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 7-10) more days. 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 a continued notable increase in the rate of filings, we anticipate that this year’s H-1B season would extend for another 7-10 days, at most.
H-1B Cap to be Reached Within 7-10 Days – Too Late to Start New H-1Bs
It should be noted that the current (and increasing) weekly rate of filings (as discussed above, about 10,000-13,000 for the regular and up to 1,500 per week for the master’s cap) is likely to continue to increase dramatically until the H-1B cap is 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.