The H-1B quota cap for 2010 (i.e., for employment starting October 1, 2010) was reached on or about December 21, 2009.
UPDATE
The H-1B quota cap for 2010 (i.e., for employment starting October 1, 2009) was reached on December 21, 2009.
For the next fiscal year, for employment starting from October 1, 2009: the H-1B cap will likely run out at any time since there has been no increase in H-1B visa numbers, manypeople will be trying again, and the USCIS continues to have the special lottery rules in place.
For the current fiscal year, the H-1B cap was reached on December 21, 2009.
Each year, the U.S. government (USCIS) makes only 65,000 H-1B visas available. Itthen sets aside 6,800, for the H-1B1 program for nationals of Chile andSingapore, thereby leaving only 58,200 visas available for the regularH-1B program. The government will sometimes return unused numbers fromChilean and Singaporean nationals, and there are many individuals andorganizations which are exempt from the quota. In addition, individualswho earned a Master's degree from a U.S. institution have a separatequota. Nonetheless, there is still a far too small supply of H-1B visasto meet the ever increasing demand for H-1B visas. As a result of the demand for H-1B visas far exceedingthe supply of H-1B visas, for each of the past four years, the H-1B cap hasbeen reached earlier and earlier, as shown by the table below.
| Fiscal Year | Earliest Employment Start Date | Earliest H-1B Filing Date | Date H-1B Quota Cap Reached | # of Days H-1B Filing Window Open (incl. Sat. Sun, and holidays) | # of Days difference from prior fiscal year |
| 2005 | October 1, 2004 | April 1, 2004 | October 1, 2004 | 183 | |
| 2006 | October 1, 2005 | April 1, 2005 | August 10, 2005 | 131 | -52 |
| 2007 | October 1, 2006 | April 1, 2006 | May 26, 2006 | 55 | -76 |
| 2008 | October 1, 2007 | April 1, 2007 | April 2, 2007 | 1 | -54 |
| 2009 | October 1, 2008 | April 1, 2008 | April 7, 2008 | | N/A (special H-1B lottery rules established) |
| 2010 | October 1, 2009 | April 1, 2009 | December 21, 2009 | 264 | +257 |
Over the past few years, the H-1B quota cap has been reached prior to the end of the fiscal year, as follows:
- For the 2010 fiscal year, which started on October 1, 2009, the H-1B quota was reached on December 21, 2009.
- For the 2009 fiscal year, which started on October 1, 2008, the H-1B quota was reached on April 7, 2008, i.e., the earliest possible day under the USCIS H-1B lottery rules (which provides for a random drawing lottery for petitions received during "the first five business days").
- For the 2008 fiscal year, which started on October 1, 2007, the H-1B quota was reached on April 2, 2007, i.e., approximately six months before the fiscal year even started, and almost two months earlier than it was reached on the prior fiscal year. As a result, the USCIS was forced to undertake a lottery to select who would actually receive an H1B visa.
- For the 2007 fiscal year, which started on October 1, 2006, the H-1B quota was reached on May 26, 2006, i.e., over four month before the fiscal year even started, and almost three months earlier than it was reached on the prior fiscal year.
- For the 2006 fiscal year, which started on October 1, 2005, the H-1B quota was reached on August 10, 2005, i.e., over one month before the fiscal year even started, and almost two months earlier than it was reached on the prior fiscal year.
- For the 2005 fiscal year, which started on October 1, 2004, the H-1B quota was reached on October 1, 2004, i.e., on the first day that the fiscal year started.
For the next fiscal year, employment starting from October 1, 2010: the H-1B cap will likely run out prior to the end of the fiscal year, since there has been no increase in H-1B visa numbers, and many people will be trying again.
There has been no increase in H-1B visa numbers for the next fiscal year. Further, many people who were unable to obtain an H-1B visa for the current fiscal year are waiting to file again. Therefore, there is a very good chance that the H-1B cap will run out any time
You Should Start Now because it takes time to prepare an H-1B petition for filing.
In planning to file an H-1B, it is important to understand that in order to properly prepare an H-1B petition, a sufficient amount of time must be allowed to gather the necessary documents, and to address various legal issues which may arise.
Antao & Chuang, Attorneys at Law is experienced in fling H-1B petitions.
Because we realize the importance of filing the H-1B petitions for the next fiscal year as soon as possible, Antao & Chuang, Attorneys at Law is expediting the filing of H-1B cases.
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