H-1B Cap Numbers Going Quickly

November 01, 2011

In the past few weeks, the number of cap-subject H-1B petitions filed by U.S. employers has been increasing at a faster pace than earlier in the year. As of October 28, 2011, 49,200 of the 65,000 regular H-1B cap slots had been taken for this Fiscal Year. All 20,000 of the H-1B cap numbers for those with advanced degrees from U.S. colleges and universities have already been exhausted. Employers are now filing cap-subject H-1B petitions at a clip of approximately 3,000 petitions per week.

In past years, as H-1B filings near the annual cap of 65,000, the pace of filings picks up. Accordingly, any employers preparing to file cap-subject H-1B petitions should consider doing so fairly soon. As Labor Condition Applications, which are a prerequisite to filing an H-1B petition, can take up to 7 business days to process, employers will want to be prepared to file before the cap is exhausted.

Failure to take advantage of one of the remaining H-1B slots can mean a vital H-1B employee may not be able to commence employment until October 2012.

Those H-1B petitions subject to the annual cap are generally filed by for-profit employers for first-time H-1B holders. Universities and certain non-profit entities with a close university affiliation are exempt from the annual H-1B cap, as are H-1B extension petitions for those aliens who have already been counted against the H-1B cap.

Please contact Matt Raynes at our Bangor, Maine office with questions.

This paper is provided as general information, and is not a substitute for legal or other professional advice.