USCIS has issued an update on the H1B Cap numbers noting that as of October 14, 2011, the Service has received approximately 19,600 H1B petitions filed against the 20,000 allocation for Advanced Degree holders. The Advanced Degree Cap Numbers are the 20,000 numbers specially allotted annually to H1B cases for persons with US Master’s or higher degrees. Of the remaining 65,000 regular H1B cap-subject petitions, USCIS has received approximately 43,300. With only 400 numbers left under the Advanced Degree Cap category, it is expected that the advanced degree cap will be met before the end of October.

Once the H1B numbers are met under the Advanced Degree category, any filed “Master’s or higher” cases will then be counted against the regular cap-subject numbers. Thus, it is expected that the rate of usage for regular cap-subject numbers will increase, resulting in the possibility of those numbers being fully allocated before the end of the year. If you are anticipating the need for a “new” H1B filing, we encourage you to begin the application process as soon as possible to ensure receipt of an FY2012 H1B cap number. Cases received after the numbers are fully allocated will be returned unadjudicated and will need to be filed again on April 1, 2012 under the FY2013 H1B Cap allocation. These petitions will have a start date of October 1, 2012, so your candidate/employee will need to have alternative work authorization to cover the time between April 1, 2012 and October 1, 2012.

Note that the H1B cap applies only to “new” H1B petitions. Petitions requesting transfer from one H1B employer to another or requesting extensions of stay or amendment with the same employer are not subject to the annual cap.

We will continue to monitor the H1B usage and will provide updates as they become available.

Please feel free to contact us with any questions.

Baker Law Corporation