FY 2013 H-1B Cap Update #5

FY 2013 H-1B Cap Update #5
May 30, 2012

As of May 25, 2012, USCIS received the following number of H-1Bs that count against the annual H-1B cap:


Regular H-1B:

48,400 (cap: 65,000)

Adv. US degree H-1B:

17,500 (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

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

Next 5 business days (through 5/11/12): 4,200 & 1,100

Next 5 business days (through 5/18/12): 5,300 & 1,200

Last 5 business days (through 5/25/12): 6,400 & 1,500


Over the past two weeks, the rate of filing has increased to average 7,200 per week.  With cap availability at 19,100 H-1Bs as of 5/25/12, we believe this year’s cap may be reached around June 8th.  The rate of filing will progressively increase now 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 are urged to contact their ILG attorney or 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.


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