The H-1B Program
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.
How USCIS Determines if an H-1B Petition is Subject to the FY 2011 Cap
We use the information provided in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (Form I-129, pages 14 through 15) to determine whether a petition is subject to the 65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.
FY 2011 H-1B Cap Count
|
Cap Type |
Cap Amount |
Cap Eligible Petitions |
Petition Target |
|
|
H-1B Regular Cap |
65,000 |
38,300 |
|
9/17/2010 |
|
H-1B Master’s Exemption |
20,000 |
14,000 |
|
9/17/2010 |
Cap Eligible Petitions
This is the number of petitions that USCIS has accepted for this particular type of cap. It includes cases that have been approved or are still pending. It does not include petitions that have been denied.
Petition Target
This is the number of petitions that USCIS projects it will need for the cap to be met.
Cap Amounts
The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.