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FY 2011 H-1B CAP UPDATE: Numbers Getting Closer to Exhaustion

December 9, 2010

Based on the most recent count, if usage continues at the recent increased rates, H-1B visas for the U.S. Master’s Degree Exemption cases may only be available for another three weeks, and visas for the Regular Cap/ Bachelor’s Degree cases may only be available for another six weeks. 

Once the quota is exhausted, no more cap-subject H-1B visas will be available until Fiscal Year 2012.  The filing window for FY2012 will open on April 1, 2011, and the earliest start date of employment under that quota will be October 1, 2011. 

Note that the numbers below include pending petitions which have already been receipted at USCIS but have not yet been adjudicated. 

FY 2011 H-1B Cap Count

Cap Type

Cap Amount

Cap Eligible Petitions

Date of Last Count 

H-1B Regular Cap  65,000* 51,200 12/03/2010
H-1B Master’s Exemption  20,000 18,700 12/03/2010

*  Up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program (pursuant to the U.S.-Chile and U.S.-Singapore Free Trade Agreements).  Unused numbers in this pool are made available for H-1B use for the next fiscal year.

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