FY2013 H-1B Cap Update

USCIS reports that from April 2nd to April 9th, the first week that cap-subject H-1Bs could be filed for H-1B employment in fiscal year 2013, it accepted approximately 17,400 H-1B cap-subject petitions and approximately 8,200 petitions toward the additional 20,000 reserved for individuals holding a master's degree or higher from a U.S. institution of higher education. USCIS continues to accept cap-subject H-1B petitions until it reaches its annual limit of 65,000 cap-subject H-1Bs.

The number of H-1B cap-subject petitions received during the first week of filing for FY2013 represents the highest number of petitions filed during the first week for the past three fiscal years, exceeding the total number of petitions filed during the same period for FY2012 employment by approximately 15,200 petitions and by about 6,500 for FY2011 H-1B employment.

While the increased demand against this year's H-1B cap is good news as it signals a strengthening U.S. economy, it also means that employers considering filing a cap-subject H-1B petition for employment starting on or after October 1, 2012 should file as soon as possible. Last year, it took until about mid-June for USCIS to receipt more than 25,000 total H-1B petitions. The annual H-1B cap will likely be exhausted much earlier this year than last when it was met on November 22, 2011.