H1B Cap Count Much Closer to Limit

On June 4, 2012, the U.S Citizenship and Immigration Services issued an updated count of cases filed against the Fiscal Year 2013 (FY13) cap. This count reflects that the cap filings are getting close to the annual limit, both for the advanced-degree exemption and the regular cap.

June 1st Count Shows 10,700 Numbers Available

The most recent count, as of this writing, includes cases filed as of June 1, 2012. This count was issued June 4, 2012 and reports that 18,700 cases have been filed against the advanced-degree exemption of 20,000, and that 55,600 cases have been filed against the regular cap limit of 65,000. As of June 1, 2012, therefore, 10,700 cap numbers were remaining for the FY13 limit.

Increase from Last Count

As is typical, once the cap count nears the annual limit, there is a spike in filings. In the week between the May 25th count and June 1, 2012, the regular cap filings jumped by 7,200 cases. The advanced-degree cases increased by 1,200. If the filings continue at this rate, the cap limit will be reached very shortly.

Conclusion

The FY13 cap year has been very different from the years immediately prior. Once the cap is reached, it will not be possible to file cap-subject H1B cases again until April 2013. These cases will have a start date for employment no earlier than October 1, 2013. Given the comparatively rapid use of H1B cap numbers in FY13, there are undoubtedly individuals who will be unable to have cases filed on their behalf this year. These individuals may face concerns with maintenance of status, as well as work authorization, depending upon their particular circumstances. The attorneys at the Murthy Law Firm can provide guidance to such individuals as well as to those who will be transitioning to H1B status in FY13.

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