FY 2013 H-1B Cap Update #3

FY 2013 H-1B Cap Update #3
May 9, 2012

As of May 4, 2012 USCIS received the following number of H-1Bs that count against the annual H-1B cap:


Regular H-1B:

32,500 (cap: 65,000)

Adv. US degree H-1B:

13,700 (cap: 20,000)


The breakdown on the number of H-1B cap cases filed so far this season:


First 6 business days (through 4/09/12): 17,400 & 8,200

Next 4 business days (through 4/13/12): 3,200 & 1,500

Next 5 business days (through 4/20/12): 4,400 & 1,200

Next 5 business days (through 4/27/12): 4,200 & 1,400

Last 5 business days (through 5/4/12): 3,300 & 1,400


Over the past three weeks, the rate of filing is 5,300 per week.  With cap availability at 38,800 H-1Bs as of 5/4/12, we believe this year’s cap will be reached in early June.  The rate of filing will progressively increase in the next few weeks due to petitioners hurrying cases through to beat the cap.


Due to the one week it takes to obtain a certified Labor Condition Application (LCA) before an H-1B can be filed, clients should contact their ILG attorney and paralegal ASAP.  Even if you are still waiting for an offer to be made/accepted, providing the attorney with basic job information and salary range will allow the LCA to be filed, which cuts down the turn-around time significantly.  The fee to prepare an LCA is low so even if an H-1B isn’t filed, the financial commitment is minimal.


Please note that the H-1B cap is irrelevant for H-1B extensions, transfers and amendments.  Only H-1Bs for beneficiaries who have not received an H-1B approval previously are subject to the cap.