H-1B Statistics for First Six Months of FY 2002 Released

by Samuel G. McTyre Tuesday, June 25, 2002

BCIS (a.k.a. INS) statistics released on June 16, 2002, show that H-1B petitions and approvals are down substantially over the same period last year.

The BCIS (a.k.a. INS) reported that 105,800 H-1B petitions were filed between the beginning of the fiscal year in October 2001 and March 2002. The number of petitions filed was down 48 percent from the same period in fiscal year 2001. According to the statistics released by BCIS (a.k.a. INS) 44,900 H-1B petitions were approved this number decreased by 38 percent over the first six months of fiscal year 2001.

The drop in the number of petitions is attributed to the slowing economy, and particularly the end of the high- technology boom. The BCIS (a.k.a. INS) figures relate only to H-1B petitions counted against the annual cap of 195,000; some groups are not counted against the cap, and H-1B workers already in the country are not counted against the cap when they reenter the country or have their status extended.

The sharp decrease in the number of H-1B petitions is also attributable to the large number of applications filed in 2001 prior to the increase in the H-1B fee from $500 to $1000 in December 2000. There has been no similar rush to file H-1B petitions in the current fiscal year.

It should be noted that the difference between the total petitions filed and the number approved, above, does not indicate that the remainder were denied. A small percentage of H-1B cases are denied. Cases pending decision account for most of the difference.

It appears from the number of petitions filed in the first six months of the fiscal year, that H-1Bs will not reach the 195,000 cap on approvals. The cap was not met last year either. Only some 165,000 cap-eligible H-1Bs were issued in fiscal year 2001.

Despite the decrease in the number of approved petitions, the technology sector believes that a large number of available H-1B visas is necessary to counteract the scarcity of American workers holding advanced degrees in science and mathematics. The 195,000 cap on H-1B visas will expire in 2004, but the H-1B debate is sure to start before that time.

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