Historical Overview of H-1B Caps: How Long Until All H-1B Visas Were Used Up During FY2004 to FY2009?

• H-1B visa numbers have disappeared very rapidly in recent years.
• Review of FY2004-FY2009 data shows how rapidly the 65,000 "regular" H-1B visa numbers have been used up in recent years.
• Review of FY2004-FY2009 data shows how rapidly the 20,000 "U.S. Advanced Degree" visa number exemptions have been used up in recent years.

H-1B visa numbers have disappeared very rapidly in recent years.

Historically, the shortage of H-1B visa numbers fluctuated between acceptable and completely unacceptable. During Fiscal Year 2008 (FY2008) and Fiscal Year 2009 (FY2009), the entire annual quota of 65,000 H-1B visa numbers was used up on April 1, the very first day employers could file for them. A special rule requires USCIS to add in some later-filed petitions before running its lottery, but there were more than enough petitions to fill the entire quota the very first day of filing in FY2008 and FY2009. Because USCIS received tens of thousands more H-1B petitions than visa numbers available in these years, H-1B beneficiaries had only about a 50:50 chance of winning the lottery for an H-1B visa number in FY 2008 or FY2009.

Unfortunately, Congress does not appear interested in doing anything about this problem any time soon.

Review of FY2004-FY2009 data shows how rapidly the 65,000 "regular" H-1B visa numbers have been used up in recent years.

The following table shows how between FY2004 and FY2009, the depletion of the annual H-1B visa quota of 65,000 has dropped from 322 days to only one day!

With Congress expected not to do anything about this H-1B quota problem in the near future, it is likely that the entire 65,000 FY2009 visa numbers will disappear on April 1, 2009, the very first day that the H-1B petitions can be filed for this Fiscal Year.

Review of FY2004-FY2009 data shows how rapidly the 20,000 "U.S. Advanced Degree" visa number exemptions have been used up in recent years.

The graph below shows what happened with the 20,000 quota of "U.S. Advanced Degree" visa number exemptions in recent fiscal years.

Based on historical data discussed above, we believe all 85,000 H-1B visa petitions (i.e., 65,000 "regular" visa numbers, plus 20,000 "U.S. Advanced Degree" visa number exemptions) will be used up on the very first day that employers can file, which is April 1, 2009.

Therefore, if you hope to obtain an H-1B visa this fiscal year, it is critical to start early. Waiting until April 1 to get started will almost certainly be too late.  If you miss the Fiscal Year 2010 H-1B quota, the next time non-exempt H-1B visas will become available (absent Congress changing the law) will be April 1, 2010 for a start date of October 1, 2010. That means you (or your employee) will not be able to work until October 1, 2010 unless you (or your employee) are eligible for some other type of work visa.

If you would like to learn how you can improve your chances of obtaining a FY2009 H-1B visa, please see our Fiscal Year 2010 H-1B Cap Page.