The USCIS reports that, as of April 24, 2006, 3,907 cap-subject H-1B visas have been approved since April 1. There are another 8,806 cap-subject H-1B visas pending in front of USCIS adjudicators. Essentially 12,713 cap-subject H-1B visas have been claimed toward this year's H-1B cap.

Since April 1, 2006, HLG has been filing many cap-subject cases for it's clients. We continue to see a significant demand for these numbers. At the run-rate of approximately 15,000 cap-subject visa numbers used per month, HLG currently projects that the H-1B cap will be reached in late June - early July 2006. This projection recognizes that the volume of filings tends to increase as we approach the H-1B cap.

There are 61,000 cap-subject H-1B visas available during this fiscal year. Last year, the H-1B cap was reached on August 12. The U.S. fiscal year runs from October 1 - September 30, however petitions may be filed six months in advance. "Cap-subject" H-1B visas are only those cases for new hires, who have never previously held H-1B petitions. For instance, students, off shore hires, and those wishing to change from another visa classification. "Company transfer" H-1B visas are NOT subject to the cap. Likewise, H-1B cases for some non-profit research organizations and higher education institutions are not subject to the cap.

There is also a separate H-1B cap of 21,000 for Beneficiaries who hold U.S. Masters degrees. As of April 24, 2006, the USCIS reports that 898 have been issued and another 1,460 remain pending.

As an aside, please note that the quota numbers of 61,000 and 21,000 vary slightly from the generally-reported quotas of 65,000 and 20,000. The quotas can change slightly from their base numbers depending on prior year's demand and usage.