H-1B cap for fiscal year 2011 has not been reached

As of June 11, 2010, USCIS has counted 22,200 H-1B petitions towards the cap amount of 65,000, as well as 9,400 towards the master's cap of 20,000. This applies to new H-1B petitions with a start date of October 1, 2010 or later. The US fiscal year begins on October 1.

The cap applies to workers who have not previously held H-1B status. The cap does not apply to the following cases:

• Extensions of stay in H-1B status.
• Change of H-1B employers (unless the previous employer was exempt).
• University or affiliated employers
• Non-profit or U.S. government research organizations
• J waiver physicians

There is an exemption for first-time beneficiaries who hold U.S. master's degrees. Up to 20,000 people each year are exempt in this category.

The American Immigration Lawyers Association has called on Congress to increase the number of H-1B visas to allow the U.S. economy to continue to benefit from the talents and abilities of foreign workers.