For the current fiscal year, the H-1B cap was reached on the first day the USCIS accepted petitions.
Each year, the U.S. government (USCIS) makes only 65,000 H-1B visas available. It then sets aside 6,800, for the H-1B1 program for nationals of Chile and Singapore, thereby leaving only 58,200 visas available for the regular H-1B program. The government will sometimes return unused numbers from Chilean and Singaporean nationals, and there are many individuals and organizations which are exempt from the quota. In addition, individuals who earned a Master's degree from a U.S. institution have a separate quota. Nonetheless, there is still a far too small supply of H-1B visas to meet the ever increasing demand for H-1B visas. As a result of the demand for H-1B visas far exceeding the supply of H-1B visas, for each of the past four years, the H-1B cap has been 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 less than 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 |
Over the past few years, the H-1B quota cap has been reached earlier and earlier each year, as follows:
- 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, 2008: the H-1B cap will likely also run out on the first day, April 1, 2008, 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 (i.e., for employment beginning from October 1, 2008). 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 once again be reached on the very first day.
To Prepare for the April 1, 2008 filing date, 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, and is preparing petitions with the April 1, 2008 filing date as the objective.
Because we realize the importance of the April 1, 2008 filing date, Antao & Chuang, Attorneys at Law is preparing H-1B cases for filing by the earliest possible filing date.
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