infoUSCIS just released a new update on the FY 2011 H-1B Quota usage and based on the official count, as of Aug. 13, 2010, out of the total annual quota of 65,000, only 29,700 cap subject new H-1B petitions were receipted.  Also, under the separate 20,000 annual quota for the advanced degree holders, only 12,300 cap subject new H-1B petitions claiming the advanced degree exemption as of the same cut-off date of Aug. 13, 2010.

This means we still have over 54% or 35,300 unused H-1B regular cap subject quota available until the next year’s new annual quota starts accepting new filings on April 1, 2011.  By the same token, there are still 38.5% or 7,700 H-1B quota available for dvanced degree holder beneficiaries for the current filing season.

Also, regulations allow for no more than 100 aliens to be admitted as an H-1B nonimmigrant performing services related to a DOD cooperative research and development project or coproduction project in the United States at any one time. See 8 CFR 214.2(h)(8)(B). As of June 15, 2010, the count for this category of H-1B nonimmigrants as of the same cut-off date on Aug. 13, 2010 is only FIVE.

All these figures especially so many quotas in all categories still available are both good and bad news.  The good news is the H-1B quota for both the regular cap and the advanced degree holder cap are not reached yet and US employers can still file new cap subject H-1B petitions freely at this time. So, if you have not filed your H-1B petition, it is now still a good time to do so and the earliest starting time for employment is as soon as Oct. 1, 2010. The bad news is the fact the quota is available under both categories is exactly part of the problem or at least the indication of the real problem: employers are NOT hiring as aggressively and job market is still gloomy, because of the slow recovery of the overall economy!

If you have any questions about this article or about H-1B visa or simply a comment or general question about US immigration law, you are encouraged to email us to: This email address is being protected from spambots. You need JavaScript enabled to view it. and our experienced immigration attorneys will respond to your inquiries personally and promptly, usually within 24 hours, if not sooner.

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