H1B Cap : Latest Update
Posted May 01, 2009
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A great deal of uncertainty and speculation surrounded the H1B cap with regard to the filings for fiscal year (FY) 2010. It was expected that the volume of filings would be far less than in FYs 2008 and 2009, but it was impossible to predict, with any precision, the impact the economy would have on the number of H1Bs that would be filed for FY2010. Good news came on April 8, 2009 to those filing H1B cap-subject cases this year; the cap had not yet been reached. This meant that every H1B petition filed within the first week at least would be processed by the USCIS, though there is no guarantee of approval. Regular and prompt updates regarding the H1B cap count continue to be posted on MurthyDotCom, to help you plan. Following is a summary of the situation as of the time of this writing.
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First Announcements : April 8, 2009
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The first information came on April 8, 2009. Neither the regular H1B cap nor the advanced-degree (masters) cap had been reached. This had not occurred in either of the prior two fiscal years, FY2009 or FY2008. Both the advanced-degree and regular caps were met in FY2009 in the allowed first five days of filing. In FY2008, the regular cap was met during the first two days of filing. (As per the regulations at that time, two days of filings would be considered if the limit was reached on the first day. This was changed to permit five days of filing for FY2009 and beyond.)
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Later in the day on April 8th, the USCIS provided a rough count, stating that the regular cap filings equaled approximately half of the limit of 58,200 available cap numbers for the year. Additionally, the 20,000 mark for the advanced-degree cap was very close to being reached.
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First Count : April 9, 2009 - 42,000 and 20,000
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The USCIS issued the first cap count on April 9, 2009. As of that count, approximately 42,000 H1B petitions had been received under the “regular” cap. While the 20,000 advanced degree limit had been reached, USCIS indicated that some more advanced-degree cases would continue to be accepted, to allow for normal rates of denials and withdrawals.
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Second Count : April 13, 2009 - 43,000 and 20,000
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The next count was issued April 20th, for cases filed through April 13, 2009. As of that date, the USCIS had received 43,000 regular cap cases. Additionally, advanced-degree cases were still being accepted due to the expectation that it is normally necessary to accept some percentage more than 20,000 cases to end up with 20,000 H1B petitions with approvals.
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Third Count : April 20, 2009 - 44,000 and 20,000
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The count for April 20, 2009 reflected an additional 1,000 regular cap filings in the week following the previous count. The advanced-degree cap filings must have been very light, as the USCIS had still not reached the limit for those cases.
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Fourth Count : April 27, 2009 - 45,000 and 20,000
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The fourth count was issued April 27, 2009. As of that date, approximately 45,000 regular cap cases had been received by the USCIS. Advanced-degree cases were still being accepted.
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Conclusion
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Regarding the H1B cap, FY2010 was very different from the couple of years immediately preceding. This is driven primarily by the economy. It appears to be a clear indication that the request for H1B workers is largely self governing, and that, when the job market is depressed, the H1B filing levels drop accordingly. Critics of the H1B program, who claim that the H1B numbers should not be increased, are incorrect in their assessment, as the supply-and-demand cycle seems to be working again with H1B filings greatly reduced due to the decrease in demand, even for highly skilled workers. Useful information and updates on the H1B count will be posted for our valued MurthyDotCom and MurthyBulletin readers, as and when it becomes available.