According to USCIS, there are still a number of cap-subject H-1B visas available for Fiscal Year 2011. As of August 27, 2010, a total of 34,900 cap-subject H-1B petitions have been filed with USCIS and 13,000 H-1B petitions have been received for aliens with master’s degrees or higher. These current rates are close to the rates seen for the FY 2010 H-1B program, both of which are much lower than those seen in previous years.

The H-1B standard annual cap is 65,000; the H-1B master’s exemption cap is 20,000. This year’s filing period opened on April 1, 2010. Petitions that are subject to the FY 2011 cap must request an employment start date of October 1, 2010 or after. Any petitions that request start dates prior to October 1, 2010 will be rejected by USCIS.