Section 3.6 — Distribution of petitions by annual compensation”

Tables 10, 11, and 12 show compensation by occupation for beneficiaries of all, initial, and
continuing employment, respectively. Each table shows occupations arranged in descending order
by the total number of beneficiaries approved in Fiscal Year 2010. As shown in Table 10, the
median annual compensation reported by employers of H-1B workers approved for employment
during Fiscal Year 2010 was $68,000. This number compares with $64,000 in 2009. One-half
were expected to earn between $54,000 and $90,000. Median compensation ranged from a low of
$32,000 for occupations in religion and theology to a high of $100,000 for fashion models.

Table 10. Annual Compensation ($) of All H-1B Beneficiaries by Major Occupation
Group: Fiscal Year 2010 (Approvals)

Total 25" Median Mean 75"

Occupation Reported | Percentile Percentile
Total 191,712 54,000 68,000 76,000 90,000
Known Occupations with annual compensation 189,913 55,000 68,000 76,000 90,000
Computer-related occupations 90,556. 60,000 71,000 77,000 90,000
ee in Architecture, Engineering, and 19,668 61,000 75,000 79,000 91,000
Occupations in Education 19,596 40,000 48,000 56,000 62,000
Occupations in Administrative Specializations 16,302 45,000 60,000 70,000 85,000
Occupations in Medicine and Health 14,670 50,000 63,000 96,000 126,000
Managers and Officials N.E.C.* 6,714 60,000 90,000 100,000 120,000
Occupations in Life Sciences 5,083 40,000 48,000 56,000 65,000
Occupations in Mathematics and Physical Sciences 4,454 54,000 73,000 77,000 93,000
Miscellaneous Professional, Technical, and Managerial 3,981 55,000 83,000 88,000 112,000
Occupations in Social Sciences 3,971 50,000 74,000 85,000 100,000
Occupations in Art 2,093 37,000 48,000 59,000 72,000
Occupations in Law and Jurisprudence 1,126 48,000 92,000 112,000 160,000
Occupations in Writing 733 34,000 45,000 49,000 60,000
Occupations in Entertainment and Recreation 442 28,000 38,000 43,000 53,000
Fashion Models 223 80,000 100,000 157,000 200,000
Occupations in Religion and Theology 156 25,000 32,000 38,000 43,000
Occupations in Museum, Library, and Archival Sciences 145 38,000 46,000 56,000 61,000
Occupation unknown 1,799 47,000 60,000 71,000 85,000

Notes: Occupations ranked by number of beneficiaries,
+ N.E.C. indicates not elsewhere classified.

Definitions: Median is the middle ranking value (50 percentile) of all values.
25" percentile and 75" percentile are the lower quarter and upper quarter ranking values, respectively.

13 annual compensation refers to what the employer agreed to pay the beneficiary at the time the application was filed. The amount
excludes non-cash compensation and benefits such as health insurance and transportation. Further, compensation is based on full-time
employment for 12 months, even if the beneficiary worked fewer than 12 months.

16


Section 3.4 — Distribution of petitions by education

Tables 6 and 7 show the highest level of education achieved by the beneficiaries at the time of filing the
petition. Employers are asked to provide the highest degree (domestic or foreign), but not training or
experience deemed equivalent to a degree. The reporting of a domestic or foreign degree is not required
in a standard format on USCIS or DOL forms. However, in nearly all cases, the petitioning employer
provides the information in supporting documentation. For degrees earned outside the United States, the
employer usually supplies a credential evaluation stating that the foreign degree is “equivalent to” a
particular U.S. degree. USCIS does not maintain separate data regarding whether the degree was earned
in the United States or abroad. (Data on beneficiaries with U.S. advanced degrees have been available
since May 2005.)

The breakdown of the highest level of education achieved by H-1B beneficiaries remained constant
between Fiscal Years 2009 and 2010. As shown in Table 6, 42 percent of all H-1B petitions approved
for workers in Fiscal Year 2010 reported that the beneficiary had earned the equivalent of a bachelor’s
degree; 39 percent a master’s degree; 12 percent a doctorate, and six percent a professional degree.
Altogether, 99 percent had earned at least a bachelor’s degree and 57 percent had earned at least a

master’s degree.

Table 6. H-1B Petitions Approved by Level of Education:
Fiscal Years 2007-2010

Level of Education FY 2007 FY 2008 FY 2009 FY 2010

Education known 100 100 100 100
Less than a Bachelor's degree 1 1 1 1
Bachelor's degree 44 43 41 42
Master's degree 40 At 40 39
Doctorate degree 10 41 13 12
Professional degree 5 2: 6 6

Note: Sum of percents may not add to 100 due to rounding.


Table 13A. H-1B Petitions Approved by Detailed Industry and Type of Petition (Number)
Fiscal Years 2009 and 2010

All Initial Continuing
Beneficiaries Employment Employment
FY 2009 FY 2010 | FY 2009 FY 2010 | FY 2009 FY 2010
Industry Number Number | Number Number | Number _ Number
Total 214,271 192,990 86,300 76,627 | 127,971 116,363
Industry known 197,246 179,195 | 78,999 70,674 | 118,247 108,521
Computer Syateins Design 5 66236 © 64,624] 23,828 = 23,821] 42,408 40,803

Related Services
Colleges, Universities, &

Professional 'Schaals 22,991 19,162 10,420 8,852 12,571 10,310
Management, Scientific, & Technical

Consulting Services 7,147 6,735 3,074 2,886 4,073 3,849
Architectural, Engineering, & Related

Services. 8,247 5,719 3,419 2,087 4,828 3,632
General Medical and Surgical

Hospitals 5,670 5,607 2,432 2,303 3,238 3,304
Securities & Commodity Contracts

Intermediation & Brokerage 4.865 5,094 1,718 1,880 3,147 3,214
Elementary and Secondary Schools 6,192 4,709 2,199 1,533 3,993 3,176
Scientific Research and

Development Services 5,579 4,644 2,493 2,104 3,086 2,540
Software Publishers 1,682 4,605 583 2,097 1,099 2,508
Semiconductor & Other Electronic

Component Manufacturing 4,193 3,867 1,867 1,742 2,326 2,125
Computer and Peripheral Equipment

Manufacturing 2,766 2,992 1,047 935 1,719 2,057
Accounting, Tax Preparation,

Bookkeeping, & Payroll Services 4,097 2,707 2,072 1,205 2,025 1,502
Offices of Physicians 2,482 2,514 894 947 1,588 1,567
Other Financial Investment Activities 2,441 2,191 1,012 848 1,429 1,343
Communications Equipment

Manufacturing 2,150 2,092 875 786 4,275 1,306
Offices of Other Health Practitioners 1,878 1,694 1,097 781 781 913
Other Professional, Scientific, &

Technical Services ‘W24 1,459 700 689 824 762
Depository Credit Intermediation 1,131 1,312 274 302 857 1,010
Pharmaceutical and Medicine

Manufacturing 1,523 1,222 539 406 984 816
Health and Personal Care Stores 1,487 1,211 526 238 961 973
Other industries 42,965 35,043 17,930 14,232 25,035 20,811
Industry unknown 17,025 13,795 7,301 5,953 9,724 7,842

Notes: Industries ranked by total beneficiaries in 2010
NAICS - North American Industry Classification System

20


I. Legislative Requirement

Section 416(c)(2) of the American Competitiveness and Workforce Improvement Act (ACWIA), Pub.
L. No. 105-277, div. C, tit. IV, 112 Stat. 2681, includes the following reporting requirement: !

[T]he Attorney General’ shall submit on an annual basis, to the Committees on the
Judiciary of the United States House of Representatives and the Senate, information on
the countries of origin and occupations of, educational levels attained by, and
compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act during
the previous fiscal year.

' Section 416(c)(3) of the American Competitiveness and Workforce Improvement Act (ACWIA), Pub. L. No. 105-277, div.
C, tit. 1V, 112 Stat. 2681 requires the submission of data on the number of aliens issued visas or otherwise provided
nonimmigrant status pursuant to petitions filed by institutions or organizations described in section 212(p) of the INA. This
data is included in the Report on H-1B Petitions, Fiscal Year 2010 Annual Report, October 1, 2009-September 30, 2010).

? As of March 1, 2003, in accordance with section 1517 of Title XV of the Homeland Security Act of 2002 (HSA), Pub. L.
No. 107-296, 116 Stat. 2135, any reference to the Attorney General in a provision of the Immigration and Nationality Act
describing functions which were transferred from the Attorney General or other Department of Justice official to the
Department of Homeland Security by the HSA “shall be deemed to refer to the Secretary” of Homeland Security. See 6
U.S.C. § 557 (2003) (codifying HSA, Title XV, § 1517).


As revealed in Tables 11 and 12, beneficiaries for continuing employment reported higher

annual compensation than did beneficiaries for initial employment. Median annual

compensation was $74,000 for the former and $60,000 for the latter. In Fiscal Year 2010
workers approved for continuing employment and initial employment reported mean annual
compensation of $81,000 and $70,000 respectively.

Table 11. Annual Compensation ($) of H-1B Beneficiaries for Initial Employment
by Major Occupation Group: Fiscal Year 2010 (Approvals)

Total 25" Median Mean 75”

Occupation Reported | Percentile Percentile

Total 76,061 50,000 60,000 70,000 80,000
Known Occupations with annual compensation 75,270 50,000 60,000 70,000 80,000
Computer-related occupations 31,583 60,000 63,000 70,000 78,000
Occupations in Education 8,569 38,000 45,000 53,000 57,000
eee in steniesons, Engineering: ard 7,813 57,000 70,000 75,000 89,000
Occupations in Administrative Specializations 7,508 41,000 53,000 63,000 71,000
Occupations in Medicine and Health 6,119 47,000 56,000 85,000 90,000
Managers and Officials N.E.C.* 2,987 52,000 84,000 100,000 120,000
Occupations in Life Sciences 2,459 38,000 45,000 53,000 60,000
Occupations in Mathematics and Physical Sciences 1,938 51,000 65,000 72,000 88,000
Occupations in Social Sciences 1,890 45,000 70,000 76,000 100,000
Miscellaneous Professional, Technical, and Managerial 1,803 50,000 73,000 80,000 100,000
Occupations in Art 1,067 35,000 43,000 53,000 60,000
Occupations in Law and Jurisprudence 556 42,000 83,000 99,000 160,000
Occupations in Writing 374 30,000 40,000 45,000 52,000
Occupations in Entertainment and Recreation 240 25,000 34,000 38,000 46,000
Fashion Models 175 80,000 100,000 156,000 208,000
Occupations in Religion and Theology 120 25,000 32,000 37,000 42,000
Occupations in Museum, Library, and Archival Sciences 69 33,000 43,000 48,000 53,000
791 44,000 55,000 67,000 75,000

Occupation unknown

Notes: Occupations ranked by the number of beneficiaries.

* N.E.C. indicates not elsewhere classified.

Definitions: Median is the middle ranking value (50" percentile) of all values.

25" percentile and 75" percentile are the lower quarter and upper quarter ranking values, respectively.


Section 3.7 — Distribution of petitions by industry

Tables 13A and 13B show the industries that employed the most H-1B workers in Fiscal Years
2009 and 2010. The number of workers approved for all known industries decreased nine
percent from 197,246 in Fiscal Year 2009 to 179,195 in Fiscal Year 2010. The only industry
which witnessed a significant increase in approvals was the software publishers industry,
which saw an increased of 174 percent in Fiscal Year 2010.

Industry data are collected using the North American Industry Classification System (NAICS).
Unlike country of birth, age, education, and occupation, USCIS does not verify the NAICS
code, since the sponsor does not provide supporting documentation.


Detailed Occupation

Tables 9A and 9B indicate the distribution of beneficiaries by detailed occupational category in Fiscal
Years 2009 and 2010. Each table shows occupations arranged in descending order by the total number
of beneficiaries approved in Fiscal Year 2010. The relative distributions in 2009 and 2010 were similar.
The list is limited to the top 20 categories. Forty-one percent of approved petitions in 2010 were for
aliens working as systems analysts or programmers. The second largest category was occupations in
colleges and university education.

Table 9A. H-1B Petitions Approved by Detailed Occupation of Beneficiary and Type of
Petition (Number): Fiscal Years 2009 and 2010

All Initial Continuing
. Beneficiaries Employment Employment
Occupational Category FY 2009 FY 2010} FY 2009 FY 2010} FY 2009 FY 2010
Number Number | Number Number | Number Number
Total 214,271 192,900 86,300 76,627 | 127,971 116,363
Occupation known 213,671 191,151 86,059 75,818 | 127,612 115,333
Occupations in Systems Analysis and Programming 75,838 78,440] 24,947 27,560] 50,891 50,880
Occupations in College and University Education 17,326 14,209 8,017 6,695 9,309 7,514
Computer-Related Occupations, N.E.C.* 9,527 9,331 3,396 3,031 6,131 6,300
Electrical/Electronics Engineering Occupations 8,097 7,084 3,543 3,002 4,554 4,082
Physicians and Surgeons 7,252 6,815 2,777 2,631 4,475 4,184
Accountants, Auditors, and Related Occupations 9,364 6,712 4,289 2,890 5,075 3,822
Occupations in Biological Sciences 4,621 3,729 2,168 1,816 2,453 1,913
Misc Professional, Technical, and Managerial
Occupations, N.E.C.* 4,370 3,651 1,908 1,629 2,462 2,022
Miscellaneous Managers and Officials, N.E.C.* 4,267 3,612 1,812 1,655 2,455 1,957
Occupations in Economics 3,975 3,606. 1,862 1,672 2,113 1,934
Occupations in Administrative Specializations, N.E.C.* 4,072 3,415 1,972 1,734 2,100 1,681
Mechanical Engineering Occupations 4,108 3,321 1,734 1,281 2,374 2,040
Occupations in Medicine and Health, N.E.C.* 3,859 3,206 2,140 1,718 1,719 1,488
Budget and Management Systems Analysis Occupations 3,691 3,075 1,814 1,382 1,877 1,693
Seaarations in Architecture, Engineering, and Surveying, 3,515 2,737 1,483 4,103 2,032 1,634
Occupations in Secondary School Education 2,821 2,243 1,084 795 1,737 1,448
Therapists 2,765 2,105 1,485, 925 1,280 1,180
Occupations in Preschool, Primary School, and
Kindergarten Education 2,725 1,984 927 644 1,798 1,340
Occupations in Data Communications and Networks 2,231 1,799 970 650 1,261 1,149
Industrial Engineering Occupations 2,308 1,769 1,030 651 1,278 1,118
Other Occupations 36,939 28,308 16,701 12,354 ] 20,238 15,954
Occupation Unknown 600 1,839 241 809 359 1,030

Notes: Occupations ranked on 2010 data.
*N.E.C. indicates not elsewhere classified.


Table 2 shows the number of H-1B petitions filed by quarter in Fiscal Years 2007 to 2010. More than
43 percent of filings for initial employment occurred in the third quarter of FY 2010, when the cap-
subject petition filing season opened. By contrast, the number of filings for continuing employment
received in the third and fourth quarters of FY 2010 were almost the same as they were in the first and
second quarters.

Table 2. H-1B Petitions Filed by Quarter:

Fiscal Years 2007 to 2010
FY 2010 Percent |FY 2010 Continuing Percent
Quarter ee a Sen oh Initial of Total Employment of Total
Employment

Total 304,877 288,764 |246,647 [247,617 99,146 100 148,471 100
October-December 50,268 |41,852 | 36,669 | 50,790 22,805 23.0 27,985 18.8
January-March 49,515 | 44,486 | 37,291 | 34,313 4,564 4.6 29,749 20.0
April-June 147,412 [150,942 }121,782 | 88,501 42,987 43.4 45,514 30.7
July-September 57,682 | 51,484 | 50,905 | 74,013 28,790 29.0 45,223 30.5

Note: Sum of the percents may not add to 100 due to rounding.

Table 3 provides a breakdown of approved petitions in Fiscal Years 2007 to 2010 by type of petition.
More than 76,000 H-1B beneficiaries were approved for initial employment and 116,000 for continuing
employment in Fiscal Year 2010.

The number of aliens outside the United States approved for initial employment increased nearly five
percent from 33,283 in FY 2009 to 34,848 in Fiscal Year 2010. The corresponding numbers for aliens
in the United States changing to H-1B status declined by 21 percent to less than 42,000 in 2010.

Table 3. H-1B Petitions Approved by Type:
Fiscal Years 2007 to 2010

Petitions Approved

Type of Petition FY2007 Percent} FY2008 Percent} FY2009 Percent FY2010 Percent
Total 281,444 100 | 276,252 100 | 214,271 100 192,990 100
Initial employment 120,031 43 | 109,335 40 86,300 40 76,627 40
Aliens outside U.S. 60,785 22 55,893 20 | 33,283 16 34,848 18
Aliens in U.S, 59,246 21 53,442 19 53,017 25 41,779 22
Continuing employment 161,413 57 166,917 60 | 127,971 60 116,363 60

Note: Sum of the percents may not add to 100 due to rounding.


abroad. Determinations whether to admit an alien in H-1B status are made by U.S. Customs and
Border Protection (CBP) at a port-of-entry. Possession of a,visa does not guarantee admission.

An alien may be admitted to the United States in H-1B status for a maximum period of six years, see
INA 214(g)(4); however, the H-1B petition may only be approved for a maximum period of three years.
See 8 CFR 214.2(h)(9)(iii)(A)(1).° The H-1B petition may be used to sponsor an alien for an initial
period of H-1B employment or to extend or change the authorized stay of an alien previously admitted
to the United States in H-1B status or another nonimmigrant status. Additionally, an employer may file
the petition to sponsor an alien who currently has H-1B nonimmigrant status working for another
employer or amend a previously approved petition. In the case of a petition to amend a previously
approved petition, no corresponding request need be made to extend the authorized stay of the
beneficiary. For example, an employer may file an amended petition notifying USCIS of a different
location where the beneficiary will be employed or a material change in the beneficiary's job duties.
Therefore, the total number of approved petitions in any given fiscal year exceeds the actual number of
aliens who are provided nonimmigrant status in the H-1B classification, At the end of the six-year
period, the alien must either change to a different status (if eligible) or depart the United States. USCIS
regulations provide that an alien who has been outside the United States for at least one year may be
eligible for a new six-year period of admission in H-1B status. See 8 CFR 214.2(h)(13)(iii)(A).

When the H-1B category was enacted in 1990, Congress set a maximum of 65,000 H-1B visas that may
be issued to aliens during each fiscal year. This limitation, commonly referred to as the “H-1B cap,”
does not apply to H-1B petitions filed on behalf of certain aliens who have previously been counted
against the cap, Thus, generally, a petition to extend an H-1B nonimmigrant’s period of stay, change the
conditions of the H-1B nonimmigrant’s current employment, or request new H-1B employment in
behalf of an H-1B worker already in the United States will not count against the H-1B fiscal year cap.
In addition, an approved petition for initial employment is exempt from the cap if the sponsor is an
institution of higher education or nonprofit organization affiliated with or related to an institution of
higher education or if the sponsor is a nonprofit research organization or governmental research
organization.

The INA, as amended by the Immigration Act of 1990, the American Competitiveness and Workforce
Improvement Act of 1998 (ACWIA) and the American Competitiveness in the Twenty-first Century Act
of 2000 (AC21), made significant changes to policy and procedure governing the H-1B category,
including providing temporary increases in the fiscal year limitations on available H-1B visas and
providing for certain exemptions to these limitations. Under ACWIA, the annual ceiling of H-1B
petitions valid for new employment was increased from 65,000 to 115,000 in Fiscal Years 1999 and
2000 and to 107,500 in Fiscal Year 2001. AC21 raised the limit on petitions in Fiscal Year 2001 from
107,500 to 195,000 and in Fiscal Year 2002 from 65,000 to 195,000. The limit in Fiscal Year 2003 was
195,000. Starting in Fiscal Year 2004, the H-1B cap reverted to 65,000 per fiscal year and remains at
that level.’ These statutory provisions also provided for certain exemptions from the fiscal year H-1B

* An alien involved in DOD cooperative research and development projects or coproduction projects may be admitted to the
United States in H-1B status for a maximum period of ten years, see 8 CFR 214.2(h)(13)(iii)(B); however, the H-1B petition
may only be approved for a maximum period of five years. See 8 CFR 214.2(h)(9)(iii)(A)(2).

® Certain aliens are exempt from the six-year maximum period of admission under the provisions of the American
Competitiveness in the Twenty-first Century Act of 2000 (AC21), Pub. L. No. 106-313.

” Each fiscal year, up to 1,400 H-1B visa numbers are set aside for nationals of Chile and up to 5.400 are set aside for
nationals of Singapore under the provisions of Free Trade Agreements between the U.S. and each country. See INA
214(g)(8)\(B)(ii), 8 U.S.C. 1184(g)(8)(B)Gi). In addition, there is a limit of no more than 100 aliens in the U.S. at any time

3


II. Background

An H-1B temporary worker is an alien admitted to the United States to perform services in a
“specialty occupation. a

The H-1B nonimmigrant classification is a vehicle through which a qualified alien may seek admission
to the United States on a temporary basis to work in his or her field of expertise. An H-1B petition can
be filed for an alien to perform services in a specialty occupation, services relating to a Department of
Defense (DOD) cooperative research and development project or coproduction project, or services of
distinguished merit and ability in the field of fashion modeling. Prior to employing an H-1B temporary
worker, the U.S. employer must first file a Labor Condition Application (LCA) with the Department of
Labor (DOL) and then file an H-1B petition with USCIS.’ The LCA specifies the job, salary, length and
geographic location of employment. In addition, the employer must agree to pay the alien the greater of
the actual or prevailing wage for the position.

To qualify as a specialty occupation, the position must meet one of the following requirements: (1) a
bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the
position; (2) the degree requirement is common to the industry in parallel positions among similar
organizations or, in the alternative, the position is so complex or unique that it can be performed only by
an individual with a degree; (3) the employer normally requires a degree or its equivalent for the
position; or (4) the nature of the specific duties is so specialized and complex that the knowledge
required to perform the duties is usually associated with attainment of a bachelor’s or higher degree.
See 8 CFR 214.2(h)(4)(iii)(A).

In order to perform services in a specialty occupation, an alien must meet one of the following criteria:
(1) hold a U.S. bachelor’s or higher degree as required by the specialty occupation from an accredited
college or university; (2) possess a foreign degree determined to be equivalent to a U.S. bachelor’s or
higher degree as required by the specialty occupation from an accredited college or university; (3) have
any required license or other official permission to practice the occupation (for example, architect,
surveyor, physical therapist) in the state in which employment is sought; or (4) have, as determined by
USCIS, the equivalent of the degree required by the specialty occupation acquired through a
combination of education, specialized training, and progressively responsible experience. Specialty
occupations include, but are not limited to, computer systems analysts and programmers, physicians,
professors, engineers, and accountants.

Although USCIS is responsible for evaluating an alien’s qualifications for the H-1B classification and
effecting a change of nonimmigrant status for aliens already in the United States in another
nonimmigrant classification, approval of an H-1B petition does not guarantee issuance of an H-1B visa
or admission to the United States in H-1B status. The responsibility for visa issuance rests primarily
with the U.S. Department of State (DOS), which determines after the H-1B petition has been approved
by USCIS whether a prospective alien employee can apply for a visa at a U.S. Embassy or Consulate

? Section 214(i)(1) of the INA defines a specialty occupation as “an occupation that requires (A) the theoretical and practical
application of a body of highly specialized knowledge, and (B) attainment of a bachelor’s or higher degree in the specific
specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” 8 U.S.C. 1184(i).

* AnLCA is not required for petitions involving DOD cooperative research and development projects or coproduction
projects, 8 CFR 214.2(h)(4)(vi)(A)(2).

i)


Table 9B. H-1B Petitions Approved by Detailed Occupation of Beneficiary

and Type of Petition (Percent): Fiscal Years 2009 and 2010

All Initial Continuing
Beneficiaries Employment Employment
Occupational Category FY 2009 FY 2010} FY 2009 FY 2010 | FY 2009 FY 2010
Percent Percent | Percent Percent | Percent Percent
Total
Occupation known 100 100 100 100 100 100
Sreeaione fp systems Abelysis and 35.5 41.0 29.0 36.4 39.9 44.1
Occupations in College and University Education 84 74 9.3 8.8 £3 6.5
Computer-Related Occupations, N.E.C.* 45 49 3.9 40 48 5.5
Electrical/Electronics Engineering Occupations 3.8 3.7 44 4.0 3.6 3.5
Physicians and Surgeons 3.4 3.6 3.2 3.5 35 3.6
Accountants, Auditors, and Related Occupations 44 3.5 5.0 3.8 4.0 3.3
Occupations in Biological Sciences 2.2 2.0 2.5 24 19 Vi
Misc Professional, Technical, and Managerial
Occupations, NEG." e 2.0 1.9 2.2 24 1.9 18
Miscellaneous Managers and Officials, N.E.C.* 2.0 1.9 24 2.2 1.9 17
Occupations in Economics 1.9 1.9 2.2 2.2 17 1.7
Cecubatone in Administrative Specializations, 19 18 23 23 16 15
Mechanical Engineering Occupations 1.9 1.7 2.0 1.7 1.9 1.8
Occupations in Medicine And Health, N.E.C.* 1.8 1.7 25 2.3 1.3 1.3
Budget and Management Systems Analysis 17 16 241 18 15 15
Occupations. . ¥ ¥ F
Occupations in Architecture, Engineering, and 16 14 17 15 16 14
Surveying, N.E.C.*
Occupations in Secondary School Education 1.3 1.2 1.3 1.0 1.4 1.3
Therapists 1.3 1.1 17 1.2 1.0 1.0
Occupations in Preschool, Primary School, and 13 1.0 44 08 14 12
Kindergarten Education Z
Occupations in Data Communication and 1.0 09 14 0.9 1.0 4.0
Networks
Industrial Engineering Occupations 11 0.9 1.2 0.9 1.0 1.0
Other Occupations 17.3 14.8 19.2 16.3 15.9 13.8

Occupation Unknown

Notes: Occupations ranked on 2010 data.

Sum of the percents may not add to 100 due to rounding.

Percents shown in the table are based on the total number of petitions approved with known occupations.

* N.E.C. indicates not elsewhere classified,


Ill. Data Report

Section 3.1 — General distribution of petitions

During Fiscal Year 2010, USCIS approved 192,990 H-1B petitions submitted by employers on behalf of
alien workers. The number of approved petitions exceeds the number of individual H-1B workers
sponsored because more than one U.S. employer may file a petition on behalf of an individual H-1B
worker (multiple petitions).

Table 1 shows for Fiscal Years 2007 to 2010 the number of petitions filed for initial and continuing
employment and the number of petitions approved for initial and continuing employment. Of the
petitions approved in 2010, a total of 76,627 petitions or 40 percent were for initial employment.® The
corresponding number of petitions for continuing employment was 116,363.’ A worker may have hada
second (or subsequent) petition filed in his or her behalf to: 1) extend the period allowed to work with
their current employer; 2) notify USCIS of changes in the conditions of employment, including a change
of employer; or 3) request concurrent H-1B status with another employer.

The number of H-1B petitions filed increased 0.4 percent and petitions approved declined ten percent
between Fiscal Years 2009 and 2010. For initial employment, petitions filed decreased six percent and
petitions approved declined 11 percent. Petitions filed for continuing employment increased five
percent and petitions approved decreased nine percent.

Table 1. H-1B Petitions Filed and Approved by Type of Petition:
Fiscal Years 2007 to 2010

FY 2007 FY 2008"" FY 2009 FY 2010
Petitions filed 304,877 288,764 246,647 247,617
Initial Employment 114,222 122,634 105,775 99,146
Continuing Employment 190,655 166,130 140,872 148,471
Petitions approved’ 4 281,444 276,252 214,271 192,990
Initial Employment 120,031 109,335 86,300 76,627
Continuing Employment 161,413 166,917 127,971 116,363

* The terms “initial employment” and “continuing employment” are used throughout this report to identify two types of
petitions. Petitions for initial employment are filed for first-time H-1B employment with an employer, only some of which
are applied to the annual cap. Examples of petitions for initial employment that are exempt from the cap include petitions
submitted by nonprofit research organizations or governmental research organizations. Continuing employment petitions
refer to extensions, sequential employment, and concurrent employment, which are filed for aliens already in the United
States. Extensions are filed for H-IB workers intending to work beyond the initial 3-year period up to a total of 6 years, the
maximum period permissible under law. Sequential employment refers to petitions for workers transferring between H-1B
employers within the 6-year period. Finally, petitions for concurrent employment are filed for H-1B workers intending to
work simultaneously for a second or subsequent H-1B employer.

° Neither AC21 nor prior legislation established a cap on H-1B petitions for continuing employment.

'° The “petitions filed” figure excludes approximately 63,000 petitions submitted but not selected in the computer-generated
random lottery in April 2008.

'! These figures represent the numbers of H-1B petitions approved irrespective of when the petitions were filed.


Table 13B. H-1B Petitions Approved by Detailed Industry and Type of Petition (Percent)
Fiscal Years 2009 and 2010

All Initial Continuing
Beneficiaries Employment Employment
FY2009 FY2010 | FY2009 FY2010 FY2009 FY2010
Industry Percent Percent | Percent Percent | Percent Percent
Total
Industry known 100 100 100 100 100 100
Computer Systems Design &

Rolatad Sarvicus 33.6 36.1 30.2 33.7 35.9 37.6
Colleges, Universities &

Professional Schools a7 lo7 tae 12.5 10.6 9.5
Management, Scientific & Technical

Consulting Services 3.6 3.8 3.9 44 3.4 3.5
Architectural, Engineering &

Related Services 4.2 3.2 4.3 3.0 44 3.3
General Medical and Surgical Hospitals 2.9 3.4 3.1 3.3 Ok, 3.0
Securities & Commodity Contracts

Intermediation & Brokerage 26 8 a2 27 27 3.0
Elementary and Secondary Schools 3.1 2.6 2.8 2.2 3.4 29
Scientific Research and Development

Services 2.8 2.6 3.2 3.0 26 23
Software Publishers 0.9 26 07 3.0 0.9 23
Semiconductor & Other Electronic

Component Manufacturing 24 2.2 2.4 25 2.0 2.0
Computer and Peripheral

Equipment Manufacturing ae Ww 1.3 13 15 19
Accounting, Tax Preparation,

Bookkeeping, & Payroll Services ai 48 26 ad ua 14
Offices of Physicians 1.3 14 14 1.3 13 1.4
Other Financial Investment Activities 1.2 1.2 1.3 1.2 1.2 1.2
Communications Equipment Manufacturing 1.4 1.2 441 1.41 4.41 4.2
Offices of Other Health Practitioners 1.0 0.9 14 44 0.7 0.8
Other Professional, Scientific &

Technical Services 0.8 0.8 0.9 1.0 07 0.7
Depository Credit Intermediation 0.6 07 0.3 0.4 0.7 0.9
Pharmaceutical and Medicine

Manufacturing 0.8 0.7 07 0.6 0.8 0.8
Health and Personal Care Stores 08 07 0.7 0.3 08 0.9
Other industries 21.8 19.6 22.7 20.1 21.2 19.2

Industry unknown

Notes: Industries ranked by total beneficiaries in 2010.
Sum of the percents may not add to 100 due to rounding.
Percents shown are based on the total number of petitions approved with industry known.
NAICS stands for North American Industry Classification System

21


Characteristics of H-1B
Specialty Occupation Workers

Fiscal Year 2010 Annual Report
October 1, 2009 - September 30, 2010

August 4, 2011

U.S. Citizenship and Immigration Services



Table 4B. H-1B Petitions Approved by Country of Birth of Beneficiary and Type of

Petition (Percent): Fiscal Years 2009 and 2010

All Beneficiaries

Initial Employment

Continuing Employment

Country of Birth Fy 2009 Fy 2010 | FY 2009 FY 2010 FY 2009 FY 2010
Percent Percent | Percent Percent Percent Percent

Total — ——— nee

Country of birth 100 100 100 100 100 100
India 48.1 53.3 39.4 45.2 54.0 58.7
China, People's Republic 9.7 8.9 10.4 9.8 9.3 8.3
Canada 4.5 3.8 5.3 3.9 3.9 3.7
Philippines 44 3.2 4.3 2.7 3.9 3.5
South Korea 3.3 2.9 45 41 2.4 21
United Kingdom 2.0 2.0 2.3 2.8 WEE, 15
Japan 1.8 1.4 2.0 1.6 1.7 1.4
Mexico 1.6 1.4 1.9 1.5 1.4 1.3
Taiwan 1.5 1.2 2.2 1.7 1.4 0.9
Pakistan 1.2 1.2 1.2 14 4.2 1.2
France 1.4 AA 15 1.6 08 0.8
Turkey 1.0 1.0 1.4 1.2 0.8 0.8
Germany 1.0 1.0 1.2 1.4 0.8 07
Brazil 0.9 0.8 14 1.2 0.7 0.6
Colombia 0.9 0.8 0.9 0.9 1.0 0.8
Venezuela 08 0.8 0.8 1.0 08 06
Russia 0.7 0.6 0.8 0.8 0.6 0.4
Italy 0.6 06 0.8 0.9 0.4 0.4
Nepal 0.6 0.6 08 0.7 04 0.5
Israel 0.5 0.5 06 0.8 0.4 0.4
Other countries 14.4 13.0 16.7 15.1 12.8 11.4

Notes: Countries of birth are ranked based on 2010 data.

Sum of the percents may not add to 100 due to rounding.


Section 3.2 — Distribution of petitions by country of birth

Tables 4A and 4B show the distribution of beneficiaries by country of birth.'* Of the H-1B petitions
approved in Fiscal Year 2010, 53 percent reported that the beneficiary was born in India. The second
most prevalent country of birth of H-1B beneficiaries was the People’s Republic of China, representing
nine percent of all beneficiaries. The number of beneficiaries from India approved for initial
employment increased two percent in 2010, while the number of beneficiaries approved for continuing
employment decreased one percent in FY 2010.

Table 4A. H-1B Petitions Approved by Country of Birth of Beneficiary and Type of
Petition (Number): Fiscal Years 2009 and 2010

All Beneficiaries | Initial Employment | Continuing Employment
Country of Birth Fy 2009 FY 2010 | Fy 2009 FY 2010 FY 2009 FY 2010
Number Number | Number Number Number Number
Total 214,271 192,990 86,300 76,627 127,971 116,363
India 103,059 102,911 33,961 34,617 69,098 68,294
China, People's Republic 20,855 17,101 8,989 7,480 11,866 9,621
Canada 9,605 7,260 4,579 2,979 5,026 4,281
Philippines 8,682 6,172 3,734 2,104 4,948 4,068
South Korea 6,968 5,623 3,919 3,150 3,049 2,473
United Kingdom 4,180 3,848 1,991 2,125 2,189 1,723
Japan 3,825 2,781 1,710 1,189 2,115 1,592
Mexico 3,346 2,632 1,614 1,124 1,732 1,508
Taiwan 3,218 2,360 1,856 1,267 1,362 1,093
Pakistan 2,556 2,227 1,003 806 1,553 1,421
France 2,308 2,160 1,256 1,264 1,052 896
Turkey 2,227 1,934 1,175 948 1,052 986
Germany 2,107 1,864 1,031 1,059 1,076 805
Brazil 1,837 1,624 964 884 873 740
Colombia 2,027 1,527 795 652 1,232 875
Venezuela 1,766 1,507 697 752 1,069 755
Russia 1,396 1,162 692 647 704 515
Italy 1,186 1,107 695 657 491 450
Nepal 1,234 1,072 668 500 563 572
Israel 1,084 1,032 548 603 536 429
Other countries 30,808 25,086 14,423 11,820 16,385 13,266

Notes: Countries of birth are ranked based on 2010 data.

!? Data represent countries and territories of birth.


cap; a petition for new H-1B employment is exempt if the alien will be employed at an institution of
higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or
governmental research organization. In addition, the H-1B Visa Reform Act of 2004 mandates that the
first 20,000 H-1B petitions filed on behalf of aliens with U.S.-earned master’s or higher degrees will be
exempt from any fiscal year cap on available H-1B visas. See INA 214(g)(5)(C), 8 USC 1184(g)(5)(C).

performing services in a DOD cooperative research and development projects or coproduction projects. See 8 CFR
214.2(h\(8)(i)(B),


Table 12. Annual Compensation ($) of H-1B Beneficiaries for Continuing Employment by
Major Occupation Group: Fiscal Year 2010 (Approvals)

Total 25" Median Mean 7"

Occupation Reported | Percentile Percentile
Total 115,651 60,000 74,000 81,000 95,000
Known Occupations with annual compensation 114,643 60,000 74,000 81,000 95,000
Computer-related occupations 58,973 62,000 77,000 81,000 95,000
gals in Architecture, Engineering, and 11,855 65,000 77,000 81,000 93,000
Occupations in Education 11,027 42,000 50,000 58,000 66,000
Occupations in Administrative Specializations 8,794 50,000 69,000 76,000 93,000
Occupations in Medicine and Health 8,551 52,000 73,000 104,000 140,000
Managers and Officials N.E.C.* 3,727 65,000 94,000 101,000 123,000
Occupations in Life Sciences 2,624 43,000 50,000 59,000 70,000
Occupations in Mathematics and Physical Sciences 2,516 59,000 78,000 81,000 97,000
Miscellaneous Professional, Technical, and Managerial 2,178 63,000 89,000 94,000 120,000
Occupations in Social Sciences 2,081 58,000 83,000 94,000 115,000
Occupations in Art 1,026 40,000 56,000 65,000 80,000
Occupations in Law and Jurisprudence 570 53,000 105,000 124,000 170,000
Occupations in Writing 359 38,000 50,000 54,000 63,000
Occupations in Entertainment and Recreation 202 33,000 42,000 50,000 64,000.
Occupations in Museum, Library, and Archival Sciences 76 42,000 52,000 63,000 65,000
Fashion Models 48 78,000 100,000 160,000 151,000
Occupations in Religion and Theology 36 24,000 34,000 40,000 51,000
Occupation unknown 1,008 52,000 69,000 75,000 90,000
Notes: Occupations ranked by the number of beneficiaries,

* N.E.C. indicates nor elsewhere classified.

Definitions: Median is the middle ranking value (50TM percentile) of all values.

25" percentile and 75" percentile are the lower quarter and upper quarter ranking values, respectively


Table of Contents

I. Legislative Requirement .....
II. Background

Ill. Data Report
Section 3.1 — General distribution of petitions.

Section 3.2 — Distribution of petitions by country of birth.
Section 3.3 — General distribution of petitions by age...
Section 3,4 — Distribution of petitions by education...
Section 3.5 — Distribution of petitions by occupation. ..
Section 3.6 — Distribution of petitions by annual compensation .

Section 3.7 — Distribution of petitions by industry

Appendix .
Appendix petition processing ..
Appendix B — Data limitations



Table 7. H-1B Petitions Approved by Level of Education of Beneficiary

and Type of Petition: Fiscal Year 2010

Level of Education All Percent Initial Percent | Continuing Percent

Beneficiaries Employment Employment

Total 192,990 76,627 116,363
Education known 192,977 100 76,622 100 116,355 100
No high school diploma 208 0.1 140 0.2 68 0.1
High school graduate 323 0.2 201 0.3 122 0.1
Less than 1 year of college credit 49 0.0 24 0.0 25 0.0
tor more years of college credit, 484 03 213 03 271 02

no diploma

Associate's degree 389 0.2 161 0.2 228 0.2
Bachelor's degree 81,943 42.5 34,153 44.6 47,790 41.1
Master's degree 75,722 39.2 26,676 34.8 49,046 42.2
Doctorate degree 22,514 11.7 10,422 13.6 12,092 10.4
Professional degree 11,345 5.9 4,632 6.0 6,713 5.8
Education unknown 13 — 5 = Bee

Notes: Sum of the percents may not add to 100 due to rounding. .
Percents shown in the table are based on the number of approved petitions with known levels of education.


Table 8B. H-1B Petitions Approved by Major Occupation Group of Beneficiary and
Type of Petition (Percent): Fiscal Years 2009 and 2010

All Initial Continuing
Beneficiaries Employment Employment

Occupational Category FY2009 FY2010 | FY2009 FY2010 | FY2009 FY 2010

Number Number | Number Number | Number Number

Occupation known 100 100 100 100 100 400
Computer-related occupations 41.6 475 34.6 418 46.4 51.3
Se rien alee Engineering, 11.8 10.3 12.5 10.4 114 10.3
Occupations in Education 11.6 10.3 12.6 11.4 10.9 9.6
Occupations in Administrative Specializations 9.9 86 11.6 10.1 8.8 77
Occupations in Medicine and Health 8.2 7.8 9.4 8.2 75 76
Managers and Officials N.E.C.* 3.9 3.6 41 40 3.8 3.2
Occupations in Life Sciences 3.0 27 3.5 3.3 27 23
eee and 26 23 34 26 24 22

* ‘onal

Coan ee) ee
Occupations in Social Sciences 24 24 25 25 1.8 1.8
Occupations in Art 1.3 44 16 14 14 09
Occupations in Law and Jurisprudence 0.7 0.6 0.9 0.7 0.5 0.5
Occupations in Writing 0.4 0.4 0.5 0.5 0.4 0.3
Oecatet oe ne yetnne® 02 02 0.3 0.3 02 02
Fashion Models 0.1 0.1 0.1 0.3 0.1 0.0
Occupations in Religion and Theology 0.1 0.1 0.2 0.2 0.0 0.0
Occupations in Museum, Library, o4 0.1 04 04 0.1 0.1

and Archival Sciences

Occupation unknown

Notes: Occupations ranked based on 2010 data,
Sum of the percents may not add to 100 due to rounding.

Percents shown in the table are based on the total number of petitions approved with known occupations.

*N.E.C. indicates not elsewhere classified.


Executive Summary

The American Competitiveness and Workforce Improvement Act (ACWIA), Pub. L. No.
105-277, div. C, tit. IV § 416(c)(2), 112 Stat. 2681,imposes annual reporting requirements on
U.S. Citizenship and Immigration Services (USCIS) concerning the countries of origin and
occupations of, educational levels attained by, and compensation paid to, aliens who were issued
visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the INA
during the previous fiscal year.

To fulfill this requirement, USCIS submits the following report for Fiscal Year 2010, October 1,
2009 — September 30, 2010.

Highlights

. The number of H-1B petitions filed increased 0.4 percent from 246,647 in Fiscal Year
2009 to 247,617 in Fiscal Year 2010.

. The number of H-1B petitions approved decreased ten percent from 214,271 in Fiscal
Year 2009 to 192,990 in Fiscal Year 2010.

. Approximately 53 percent of all H-1B petitions approved in Fiscal Year 2010 were for
workers born in India.

. Two-thirds of H-1B petitions approved in Fiscal Year 2010 were for workers between the
ages of 25 and 34.

° Forty-two percent of H-1B petitions approved in Fiscal Year 2010 were for workers with
a bachelor’s degree, 39 percent had a master’s degree, 12 percent had a doctorate, and six
percent were for workers with a professional degree.

. About 47 percent of H-1B petitions approved in Fiscal Year 2010 were for workers in
computer-related occupations.

° The median salary of beneficiaries of approved petitions increased to $68,000 in Fiscal
Year 2010, $4,000 more than in Fiscal Year 2009.


Appendix

Appendix A — H-1B petition processing

Petitions for obtaining H-1B nonimmigrant status for alien workers are submitted by their prospective
employers on USCIS Form I-129, Petition for a Nonimmigrant Worker, the H Classification Supplement
to Form I-129, and the H-1B Data Collection and Filing Fee Exemption Supplement. The petitions are
mailed to one of two USCIS Service Centers (St. Albans, Vermont or Laguna Niguel, California) for
processing depending on the location of the beneficiary’s worksite.

Upon receipt of a properly filed petition,'* each petition is stamped with its date of arrival at the service
center. A clerk creates a paper file that contains the original petition as well as all supporting
documentation. This file becomes the official file of record for all activities connected with the petition.

Biographical data, such as name, date of birth, and country of birth, is taken from the petition and
entered by data entry clerks into the case tracking system Computer-Linked Application Information
Management System (CLAIMS3). The computer system generates a unique receipt number for the file.
After being sorted into potential cap and non-cap cases, the file is assigned to an adjudicator.

The adjudicator determines whether there is adequate information in the file to approve or deny the
petition. If sufficient evidence is available, the adjudicator makes a decision and enters the
corresponding information into the tracking system. In the case of insufficient evidence, the adjudicator
requests additional information from the sponsoring employer. The employer must respond to the
request within a set period of time or the petition will be denied.

After petitions are adjudicated, the supporting documentation are forwarded to either the USCIS records
center in Harrisonburg, Virginia for storage or the Kentucky Consular Center in Williamsburg,
Kentucky for consular processing.

Appendix B — Data Limitations

The data for the tables in this report have been extracted from a USCIS Service Center electronic data
file. As such, errors in data may have occurred as a result of: erroneous data submitted by the
petitioner, initial data entry errors at service centers, or improper electronic transfer from the service
centers to USCIS Headquarters.

Minimum editing has been done to the data in this file and impossible or highly improbable values (such
as beneficiaries younger than 16 (except for fashion models) or beneficiaries working without
compensation) have been defined as unknown. Lastly, information in electronic format is not available
regarding the cities or states where H-1B workers are employed.

* Petitions that are improperly filed (e.g., submitted without the correct supplements, proper signatures, or required fees) are
rejected by the service center. Rejected petitions are returned to the petitioner with any submitted fees. 8 CFR 103.2(a)(7).

22


Assistant Secretary for Legislative Affairs

U.S. Department of Homeland Security
Washington, DC 20528

PNA Homeland

rE 9] .
man Security

Foreword

I am pleased to present the following report, “Annual Report on Characteristics of Specialty
Occupation Workers (H-1B) for Fiscal Year 2010,” which has been prepared by U.S. Citizenship
and Immigration Services. The report has been compiled in response to a legislative requirement
in the American Competitiveness and Workforce Improvement Act of 1998, Pub. L. No.
105-277, div. C, tit. IV § 416(c)(2), 112 Stat. 2681.

The report provides information on the countries of origin and occupations of, educational levels
attained by, and compensation paid to, aliens who were issued visas or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act
(INA) during the previous fiscal year.

Pursuant to congressional requirements, this report is being provided to the following Members
of Congress:

The Honorable Patrick Leahy
Chairman, Senate Judiciary Committee

The Honorable Charles Grassley
Ranking Member, Senate Judiciary Committee

The Honorable Lamar Smith
Chairman, House Judiciary Committee

The Honorable John Conyers, Jr.
Ranking Member, House Judiciary Committee

Inquiries relating to this report may be directed to me at (202) 447-5890.

Respectfully,

Nelson Peacoc!
Assistant Secretary
Office of Legislative Affairs

www.dhs.goy


Section 3.3 — Distribution of petitions by age

Table 5 shows the age distribution of the H-1B beneficiaries in Fiscal Year 2010 by type of petition.
Sixty-eight percent of workers granted H-1B status during FY 2010 were between 25 and 34 years of

age at the time their petitions were approved. Fifty-four percent of initial beneficiaries were under 30.

compared with 27 percent of continuing beneficiaries.

Table 5. H-1B Petitions Approved by Age of Beneficiary at Time of Approval
and by Type of Petition: Fiscal Year 2010

>

Age All Percent Initial Percent Continuing Percent
Beneficiaries Employment Employment

Total 192,990 76,627 116,363

Age known 192,953 100 76,614 100 116,339 100
Under 20 72 0.0 70 0.1 2 0.0
20-24 9,938 5.2 9,015 11.8 923 0.8
25-29 63,496 32.9 32,476 42.4 31,020 26.7
30-34 67,150 34.8 19,910 26.0 47,240 40.6
35-39 31,593 16.4 8,613 11.2 22,980 19.8
40-44 11,606 6.0 3,480 45 8,126 7.0
45-49 5,294 27 1,746 2.3 3,548 3.0
50-54 2,190 1.1 713 0.9 1,477 1.3
55-59 982 0.5 342 0.4 640 0.6
60-64 461 0.2 178 0.2 283 0.2
65 and over 171 0.1 71 0.1 100 0.1
Age unknown 37 — 13 —— 2400 ee

Notes: Anyone reported as under 16 years old and not a fashion model was assumed to be of unknown age.
Age of beneficiary is calculated based on the date the petition was approved.
Sum of the percents may not add to 100 due to rounding.
Percentages shown in the table are based on the total number of approved petitions with known ages.


Section 3.5 — Distribution of petitions by occupation
Occupational Category

Tables 8A and 8B show the distribution of beneficiaries by occupational category for Fiscal Years 2009
and 2010. The category of computer-related occupations was the largest occupational category in 2010;
its share of total petitions approved increased to 47 percent in Fiscal Year 2010 from 42 percent in Fiscal
Year 2009. The corresponding shares for initial employment and continuing employment in computer-
related occupations were 42 and 51 percent, respectively. The top ten occupational categories
representing more than 96 percent of all beneficiaries had more continuing than initial beneficiaries.

The number of H-1B petitions approved for workers in computer-related occupations increased two
percent from 88,961 in 2009 to 90,802 in 2010. The remaining occupation groups decreased 19 percent
between 2009 and 2010.

Table 8A. H-1B Petitions Approved by Major Occupation Group of Beneficiary
and Type of Petition (Number): Fiscal Years 2009 and 2010

All Initial Continuing
Beneficiaries Employment Employment
Occupational Category FY2009 FY2010 FY2009 FY2010 | FY2009 FY2010
Number Number Number Number | Number Number
Total 214,271 192,990 86,300 76,627 | 127,971 116,363
Occupation known 213,681 191,165 86,062 75,825 | 127,619 115,340
Computer-related occupations 88,961 90,802 29,793 31,661 59,168 59,141
Gceupations in Archaea. Engineenny 25,278 19,781] + 10,789» 7,869| 14.489 11,912
and Surveying
Occupations in Education 24,711 19,713 10,840 8,626 13,871 11,087
Occupations in Administrative Specializations 21,192 16,516 9,976 7,637 11,216 8,879
Occupations in Medicine and Health 17,621 14,997 8,053 6,224 9,568 8,773.
Managers and Officials N.E.C.* 8,276 6,744 3,487 2,999 4,789 3,745
Occupations in Life Sciences 6456 5,102 3,036 2,466 3,420 2,636
Occupations in Mathematics and Physical 5,645 4,480 2,640 1,945 3,005 2,535
Sciences
Miscellaneous Professional, Technical, and 4,816 4,013 2,122 1,819 2.694 2,194
Managerial
Occupations in Social Sciences 4,461 4.011 2,155 1,911 2,306 2,100
Occupations in Art 2,798 2,116 1,336 1,084 1,462 1,032
Occupations in Law and Jurisprudence 1,416 1,136 783 562 633, 574
Occupations in Writing 925 745 444 385 481 360
Occupations in Entertainment and Recreation 470 452 237 249 233 203
Fashion Models 259 250 126 194 133 56
Occupations in Religion and Theology 178 160 146 123 32 37
Occupations in Museum, Library & Archival Sciences 218 147 99 71 119 76
Occupation unknown 590 1,825 238 802 352 1,023

‘Notes: ‘Occupations ranked based on 2010 data.
*N.E.C. indicates not elsewhere classified,