H1B Visa Attorney – When will the Cap be reached?

A great update from AILA, the pace of filing cap-subject petitions increases as USCIS closes in on reaching the H1B cap. The week of May 7, it was receiving an average of 840 per day . The next week it was 1060, the next week 1280, and the week of May 28 it was 1800 per day.

As of June 1, USCIS reported that 55,600 non-advanced degree cap-subject filings had been received. So, if the most recent week’s “burn rate” continued, USCIS would reach 65,000 by early next week.

However, it is not that simple. Each year, USCIS accepts more than the 65,000 before it starts rejecting petitions, since it must account for a certain percentage of withdrawals and denials. However, the agency has stopped publishing what that number (previously known as the target number) is, so the actual number it will receive before the gate comes down is unknown. We will keep you posted.


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