H-1B Fiscal Year (FY) 2011 Cap Season

The H-1B Program

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require

theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer

programmers.

For more information about the H-1B program, see the link to the left under temporary workers for H-

1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and

Fashion Models.

How USCIS Determines if an H-1B Petition is Subject to the

FY 2011 Cap. We use the information provided in Part C of the H-1B Data Collection and Filing Fee Exemption. Supplement (Form I-129, pages 14 through 15) to determine whether a petition is subject to the 65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.

FY 2011 H-1B Cap Count

Cap Type Cap Amount Cap Eligible

Petitions Petition Target Date of Last Count

H-1B Regular

Cap:65,000: Count: 22,900 as of 6/18/2010

H-1B Master’s Exemption

Cap 20,000: Count: 9,700 as of 6/18/2010