Characteristics of H1B 

Specialty Occupation 

Workers

Fiscal Year 2012 Annual Report to Congress 

October 1, 2011 – September 30, 2012

U.S. Citizenship and 

Immigration Services
i

Office of Legislative Affairs

U.S. Department of Homeland Security

Washington, DC 20528

June 26, 2013

Foreword

On behalf of the Department of Homeland Security, I am pleased to present the following report, 

“Characteristics of H-1B Specialty Occupation Workers” for Fiscal Year 2012, prepared by U.S. 

Citizenship and Immigration Services. 

Pursuant to statutory requirements, this report is being provided to the following Members of 

Congress:

The Honorable Patrick J. Leahy

Chairman, Senate Judiciary Committee

The Honorable Charles Grassley

Ranking Member, Senate Judiciary Committee

The Honorable Robert W. Goodlatte

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.

Sincerely,

Brian de Vallance

Acting Assistant Secretary for Legislative Affairs
ii

Executive Summary

The American Competitiveness and Workforce Improvement Act of 1998 (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 

Immigration and Nationality Act (INA) during the previous fiscal year (FY).

To fulfill this requirement, USCIS submits the following report for FY 2012, October 1, 2011 –

September 30, 2012.

Highlights

The number of H-1B petitions filed increased 15 percent from 267,654 in FY 2011 to 

307,713 in FY 2012.

The number of H-1B petitions approved decreased 3 percent from 269,653 in FY 2011 to 

262,569 in FY 2012.

1

Seventy-two percent of H-1B petitions approved in FY 2012 were for workers between 

the ages of 25 and 34.

Forty-six percent of H-1B petitions approved in FY 2012 were for workers with a 

bachelor’s degree, forty-one percent had a master’s degree, 8 percent had a doctorate, and 

4 percent were for workers with a professional degree.

Sixty-one percent of H-1B petitions approved in FY 2012 were for workers in computerrelated occupations.

The median salary of beneficiaries of approved petitions remained at $70,000 for both 

FYs 2011 and 2012.

 

1 This number does not reflect approval versus denial rates but rather shows the number of approved petitions 

overall this year versus the number approved last year. The figures for Fiscal Year 2012, include 45,595 

petitions which were received prior to Fiscal Year 2012, but were approved in Fiscal Year 2012 (see footnote 

11). 
iii

Characteristics of H1B Specialty Occupation Workers

Table of Contents

I. Legislative Requirement.......................................................................................................... 1

II. Background ............................................................................................................................. 2

III. Data Report ............................................................................................................................. 4

 Section 3.1 – General distribution of petitions....................................................................... 4

 Section 3.2 – Distribution of petitions by country of birth..................................................... 6

 Section 3.3 – General distribution of petitions by age............................................................ 9

 Section 3.4 – Distribution of petitions by education............................................................... 9

 Section 3.5 – Distribution of petitions by occupation.............................................................11

 Section 3.6 – Distribution of petitions by annual compensation ............................................16

 Section 3.7 – Distribution of petitions by industry.................................................................19

IV. Appendices .............................................................................................................................22

A. H1B petition processing....................................................................................................22

B. Data Limitations................................................................................................................22

 
1

I. Legislative Requirement

Section 416(c)(2) of the American Competitiveness and Workforce Improvement Act of 1998

(ACWIA), Pub. L. No. 105-277, div. C, tit. IV, 112 Stat. 2681, includes the following reporting 

requirement:2

[T]he Attorney General3shall 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.

 

2

Sections 416(c)(1) and (3) of ACWIA, Pub. L. No. 105-277, div. C, tit. IV, 112 Stat. 2681, require 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 H1B 

Petitions” for Fiscal Year 2012. 

3 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).
2

II. Background

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

“specialty occupation.”4

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 

H1B 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.5 The LCA specifies the job, salary, length, and geographic location of 

employment. 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 education, specialized training, or progressively responsible 

experience (or a combination thereof) that is equivalent to completion of a U.S. bachelor’s 

degree or higher in the specialty occupation, and have recognition of expertise through 

progressively responsible positions directly related to the specialty occupation. See 8 CFR 

214.2(h)(4)(iii)(C). Specialty occupations may include, but are not limited to, computer systems 

analysts and programmers, physicians, professors, engineers, and accountants. See 8 CFR 

214.2(h)(4)(ii).

 

4

Section 214(i)(1) of the INA, 8 U.S.C. 1184(i)(1), 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.” 

5 An LCA is not required for petitions involving DOD cooperative research and development projects or 

coproduction projects. 8 CFR 214.2(h)(4)(vi)(A)(2). 
3

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 is 

eligible for issuance of a visa at a U.S. Embassy or Consulate 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 generally may be admitted to the United States in H-1B status for a maximum period of 

six years, see INA 214(g)(4); however, each H-1B petition may only be approved for a 

maximum period of three years. 6 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. 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. Therefore, the total number of approved petitions in any given fiscal year may exceed 

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, unless otherwise exempt.

7

 USCIS regulations provide that an alien who 

has resided and been physically present 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 aliens who 

could be issued H-1B visas or otherwise provided H-1B status 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 for an H-1B worker 

already in the United States will not count against the H-1B fiscal year cap. An approved 

petition for initial employment is also exempt from the cap if the petitioner is an institution of 

higher education or nonprofit entity affiliated with or related to an institution of higher 

education, or if the petitioner is a nonprofit research organization or governmental research 

organization. See INA 214(g)(5), 8 USC 1184(g)(5)(C).

The Immigration Act of 1990, the ACWIA, and the American Competitiveness in the Twenty-first 

Century Act of 2000 (AC21), made significant changes to policy and procedure governing the 

 

6 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).

7 Certain aliens are exempt from the 6-year maximum period of admission under the provisions of the AC21, Pub. 

L. No. 106-313, 114 Stat. 1251. 
4

H-1B classification, including providing temporary increases in the fiscal year limitations on the 

number of aliens who may be issued H-1B visas or otherwise provided H-1B status and 

providing certain exemptions to these limitations. Under ACWIA, the annual ceiling was 

increased from 65,000 to 115,000 in FYs 1999 and 2000 and to 107,500 in FY 2001. AC21 

raised the limit in FY 2001, FY 2002, and FY 2003 to 195,000. Starting in FY 2004, the H-1B 

cap reverted to 65,000 per fiscal year and remains at that level.8 These statutory provisions also 

provided for certain exemptions from the fiscal year H-1B cap, as described above. The H-1B 

Visa Reform Act of 2004 mandated that up to 20,000 H-1B petitions filed on behalf of aliens with 

U.S.-earned masters or higher degrees will be exempt from each fiscal year’s H-1B cap. See

INA 214(g)(5)(C), 8 USC 1184(g)(5)(C).

III. Data Report

Section 3.1 – General distribution of petitions

During FY 2012, USCIS approved 262,569 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 of the different types of petitions that can be filed (e.g., requests for

concurrent employment with another employer, requests for extension of stay, amended 

petitions). 

Table 1 shows for FYs 2009 to 2012 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 2012, a total of 136,890 petitions, or 52 percent, were for initial 

employment.9 The corresponding number of petitions for continuing employment was 125,679.

10

 

A worker may have had a second (or subsequent) petition filed on 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.

 

8 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)(ii). In addition, there is a limit of no more than 100 aliens in the U.S. 

at any time performing services in a DOD cooperative research and development projects or coproduction projects. 

See 8 CFR 214.2(h)(8)(i)(B).

9 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 generally are filed for H-1B workers intending to work beyond the 

initial 3-year period up to a total of six years, the maximum period generally 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 an additional

H-1B employer.

10 Neither AC21 nor prior legislation established a cap on H-1B petitions for continuing employment.
5

The number of H-1B petitions filed increased 15 percent and petitions approved decreased by 3

percent between FYs 2011 and 2012. For initial employment, petitions filed increased 36

percent and petitions approved increased by 29 percent. Petitions filed for continuing 

employment decreased 0.5 percent and petitions approved decreased by 23 percent.

Table 1. H-1B Petitions Filed and Approved by Type of Petition:

FYs 2009 to 2012

FY 2009 FY 2010 FY 2011 FY 2012

Petitions filed 246,647 247,617 267,654 307,713

 Initial Employment 105,775 99,146 114,529 155,292

 Continuing Employment 140,872 148,471 153,125 152,421

Petitions approved11 214,271 192,990 269,653 262,569

 Initial Employment 86,300 76,627 106,445 136,890

 Continuing Employment 127,971 116,363 163,208 125,679

Table 2 shows the number of H-1B petitions filed by quarter in FYs 2009 to 2012. More than 

sixty-six percent of filings for initial employment occurred in the third quarter of FY 2012, when 

the cap-subject petition filing season opened. Sixty-two percent of filings for continuing 

employment were received in the third and fourth quarters of FY 2012. 

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

FYs 2009 to 2012

Quarter FY

2009

FY

2010

FY

2011

FY

2012

FY 2012

Initial

Employment

Percent

of Total

FY 2012

Continuing

Employment

Percent

of Total

Total 246,647 247,617 267,654 307,713 155,292 100 152,421 100

October-December 36,669 50,790 55,781 65,186 37,377 24.1 27,809 18.2

January-March 37,291 34,313 44,995 36,217 6,153 4.0 30,064 19.7

April-June 121,782 88,501 86,716 150,104 103,142 66.4 46,962 30.8

July-September 50,905 74,013 80,162 56,206 8,620 5.6 47,586 31.2

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

 

11 These figures represent all approved petitions during the respective fiscal year, irrespective of whether the petition 

was filed in the same or in a previous fiscal year. To illustrate, in FY 2012, USCIS received 307,713, but approved 

262,569 petitions. Of the 262,569 petitions that were approved, 216,974 were received in FY 2012, whereas 45,595 

petitions were received prior to FY 2012. 
6

Table 3 provides a breakdown of approved petitions in FYs 2009 to 2012 by type of petition. 

136,890 H-1B beneficiaries were approved for initial employment and 125,679 for continuing 

employment in FY 2012. 

The number of aliens outside the United States approved for initial employment increased nearly 

54 percent from 48,665 in FY 2011 to 74,997 in FY 2012. The corresponding numbers for aliens 

in the United States requesting a change to H-1B status increased by 7 percent to 61,893 in 2012.

Table 3. H-1B Petitions Approved by Type:

FYs 2009 to 2012

Petitions Approved

Type of Petition FY2009 Percent FY2010 Percent FY2011 Percent FY2012 Percent

Total 214,271 100 192,990 100 269,653 100 262,569 100

Initial employment 86,300 40 76,627 40 106,445 39 136,890 52

 Aliens outside U.S. 33,283 16 34,848 18 48,665 18 74,997 28

 Aliens in U.S. 53,017 25 41,779 22 57,780 21 61,893 24

Continuing employment 127,971 60 116,363 60 163,208 61 125,679 48

Note: Sum of the percent 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.12 Of the H-1B 

petitions approved in FY 2012, 64 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 8 percent of all beneficiaries. The number of beneficiaries from India 

approved for initial employment increased 8 percent in 2012, while the number of beneficiaries 

approved for continuing employment decreased 18 percent in FY 2012. 

 

12 Data represent countries and territories of birth.
7

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

Petition (Number): FYs 2011 and 2012

All Beneficiaries Initial Employment Continuing Employment

Country of Birth FY 2011 FY 2012 FY 2011 FY 2012 FY 2011 FY 2012

Number Number Number Number Number Number

Total 269,653 262,569 106,445 136,890 163,208 125,679

India 156,317 168,367 55,972 86,477 100,345 81,890

China, People's Republic 23,787 19,850 10,165 11,409 13,622 8,441

Canada 9,362 7,999 3,584 3,660 5,778 4,339

Philippines 7,582 5,304 2,020 1,863 5,562 3,441

South Korea 6,689 4,579 3,407 2,662 3,282 1,917

United Kingdom 4,629 3,535 2,573 2,013 2,056 1,522

Mexico 3,473 3,047 1,367 1,528 2,106 1,519

Japan 3,274 2,542 1,276 1,171 1,998 1,371

Taiwan 2,937 2,387 1,455 1,368 1,482 1,019

France 2,653 2,232 1,517 1,377 1,136 855

Pakistan 2,552 1,997 891 851 1,661 1,146

Germany 2,193 1,816 1,210 1,083 983 733

Turkey 2,161 1,774 967 989 1,194 785

Brazil 2,010 1,712 1,105 996 905 716

Nepal 1,566 1,636 719 932 847 704

Venezuela 1,734 1,494 846 807 888 687

Colombia 1,786 1,392 705 623 1,081 769

Italy 1,351 1,332 816 804 535 528

Russia 1,514 1,321 873 829 641 492

Spain 1,198 1,015 684 632 514 383

Other countries 30,885 27,238 14,293 14,816 16,592 12,422

Note: Countries of birth are ranked based on FY 2012 data. 
8

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

Petition (Percent): FYs 2011 and 2012

All Beneficiaries Initial Employment Continuing Employment

Country of Birth FY 2011 FY 2012 FY 2011 FY 2012 FY 2011 FY 2012

Percent Percent Percent Percent Percent Percent

Total ------ ------ ------ ------ ------ ------

Country of birth 100 100 100 100 100 100

India 58.0 64.1 52.6 63.2 61.5 65.2

China, People's Republic 8.8 7.6 9.5 8.3 8.3 6.7

Canada 3.5 3.0 3.4 2.7 3.5 3.5

Philippines 2.8 2.0 1.9 1.4 3.4 2.7

South Korea 2.5 1.7 3.2 1.9 2.0 1.5

United Kingdom 1.7 1.3 2.4 1.5 1.3 1.2

Mexico 1.3 1.2 1.3 1.1 1.3 1.2

Japan 1.2 1.0 1.2 0.9 1.2 1.1

Taiwan 1.1 0.9 1.4 1.0 0.9 0.8

France 1.0 0.9 1.4 1.0 0.7 0.7

Pakistan 0.9 0.8 0.8 0.6 1.0 0.9

Germany 0.8 0.7 1.1 0.8 0.6 0.6

Turkey 0.8 0.7 0.9 0.7 0.7 0.6

Brazil 0.7 0.7 1.0 0.7 0.6 0.6

Nepal 0.6 0.6 0.7 0.7 0.5 0.6

Venezuela 0.6 0.6 0.8 0.6 0.5 0.5

Colombia 0.7 0.5 0.7 0.5 0.7 0.6

Italy 0.5 0.5 0.8 0.6 0.3 0.4

Russia 0.6 0.5 0.8 0.6 0.4 0.4

Spain 0.5 0.4 0.8 0.5 0.4 0.3

Other countries 11.5 10.4 13.4 10.8 10.2 9.9

Notes: Countries of birth are ranked based on FY 2012 data. 

 Sum of the percent may not add to 100 due to rounding.
9

Section 3.3 – Distribution of petitions by age

Table 5 shows the age distribution of the H-1B beneficiaries in FY 2012 by type of petition. 

Seventy-two percent of workers granted H-1B status during FY 2012 were between 25 and 34 

years of age at the time their petitions were approved. Over 57 percent of initial beneficiaries 

were under 30, compared with over 30 percent of continuing beneficiaries.

Table 5. H-1B Petitions Approved by Age of Beneficiary at Time of Approval

and by Type of Petition: FY 2012

Age All

Beneficiaries

Percent Initial

Employment

Percent Continuing 

Employment

Percent

Total 262,569 136,890 125,679

Age known 262,555 100 136,882 100 125,673 100

Under 20 85 0.1 59 0.1 26 0.1

20-24 14,123 5.4 13,205 9.7 918 0.7

25-29 103,068 39.3 65,774 48.1 37,294 29.7

30-34 86,154 32.8 36,828 27.0 49,326 39.3

35-39 37,505 14.3 13,031 9.5 24,474 19.5

40-44 12,611 4.8 4,467 3.3 8,144 6.5

45-49 5,186 2.0 1,988 1.5 3,198 2.5

50-54 2,233 0.9 879 0.6 1,354 1.1

55-59 968 0.4 390 0.3 578 0.5

60-64 431 0.2 168 0.1 263 0.2

65 and over 191 0.1 93 0.1 98 0.1

Age unknown 14 ------ 8 ------ 6 ------

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 percent 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 3.4 – 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)

when completing the H-1B petition, 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 
10

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 has been available since May 2005.) 

The breakdown of the highest level of education achieved by H-1B beneficiaries remained 

mostly constant between FYs 2011 and 2012. As shown in Table 6, 46 percent of all H-1B 

petitions approved for workers in FY 2012 reported that the beneficiary had earned the 

equivalent of a bachelor’s degree; 41 percent a master’s degree; eight percent a doctorate, and 

four percent a professional degree. Altogether, 99 percent had earned at least a bachelor’s 

degree, and 53 percent had earned at least a master’s degree. 

Table 6. Percent of H-1B Petitions Approved by Level of Education:

FYs 2009-2012

Level of Education FY 2009 FY 2010 FY 2011 FY 2012

Education known 100 100 100 100

Less than a Bachelor's degree 1 1 1 1

Bachelor's degree 41 42 41 46

Master's degree 40 39 42 41

Doctorate degree 13 12 11 8

Professional degree 6 6 5 4

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

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

and Type of Petition: Fiscal Year 2012

Level of Education All

Be

Percent Initial

Employment

Percent Continuing

Employment

Percent

Beneficiaries Employment Employment

Total 262,569 136,890 125,679

Education known 262,539 100 136,871 100 125,668 100

No high school diploma 150 0.1 108 0.1 42 0.1

High school graduate 329 0.1 220 0.2 109 0.1

Less than 1 year of college credit 59 0.1 35 0.1 24 0.1

1 or more years of college credit,

 no diploma 467 0.2 259 0.2 208 0.2

Associate's degree 345 0.1 174 0.1 171 0.1

Bachelor's degree 121,513 46.3 67,728 49.5 53,785 42.8

Master's degree 107,045 40.8 52,331 38.2 54,714 43.5

Doctorate degree 22,040 8.4 11,465 8.4 10,575 8.4

Professional degree 10,591 4.0 4,551 3.3 6,040 4.8

Education unknown 30 ------- 19 ------ 11 ------

Notes: Sum of the percent may not add to 100 due to rounding.
11

Percentages shown in the table are based on the number of approved petitions with known levels of 

education.

Section 3.5 – Distribution of petitions by occupation

Occupational Category

Tables 8A and 8B show the distribution of beneficiaries by occupational category for FYs 2011

and 2012. The category of computer-related occupations was the largest occupational category 

in 2012; its share of total petitions approved increased to 59 percent in FY 2012 from 50 percent 

in FY 2011. The corresponding shares for initial employment and continuing employment in 

computer-related occupations were 61 and 57 percent, respectively. The top ten occupational 

categories representing 97 percent of all beneficiaries had more initial employment than 

continuing employment beneficiaries.

The number of H-1B petitions approved for workers in computer-related occupations increased

15 percent from 134,873 in 2011 to 154,869 in 2012. The number of H-1B petitions for all other 

occupation groups combined decreased 20 percent between 2011 and 2012.
12

Table 8A. H-1B Petitions Approved by Major Occupation Group of Beneficiary and Type 

of Petition (Number): Fiscal Years 2011 and 2012

All

Beneficiaries

Initial

Employment

Continuing

Employment

Occupational Category FY2011 FY2012 FY2011 FY2012 FY2011 FY2012

Number Number Number Number Number Number

Total 269,653 262,569 106,445 136,890 163,208 125,679

Occupation known 265,365 260,428 105,395 135,966 159,970 124,462

Computer-related occupations 134,873 154,869 51,570 83,444 83,303 71,425

Occupations in Architecture, Engineering

 and Surveying 29,695 26,329 11,950 13,082 17,745 13,247

Occupations in Administrative Specializations 21,240 18,204 9,553 9,781 11,687 8,423

Occupations in Education 24,321 17,421 9,081 8,492 15,240 8,929

Occupations in Medicine and Health 18,704 14,083 6,037 5,649 12,667 8,434

Managers and Officials N.E.C.* 7,341 6,060 3,187 2,921 4,154 3,139

Occupations in Mathematics and Physical Sciences 5,968 4,969 2,450 2,465 3,518 2,504

Occupations in Life Sciences 6,375 4,820 2,992 2,505 3,383 2,315

Miscellaneous Professional, Technical, and 

 Managerial 4,944 4,171 2,315 2,266 2,629 1,905

Occupations in Social Sciences 4,928 3,993 2,346 2,156 2,582 1,837

Occupations in Art 3,013 2,619 1,577 1,505 1,436 1,114

Occupations in Law and Jurisprudence 1,325 1,051 692 580 633 471

Occupations in Writing 943 681 486 385 457 296

Miscellaneous 550 463 461 265 89 198

Occupations in Entertainment and Recreation 556 212 270 119 286 93

Sales Promotion Occupations 387 165 335 151 52 14

Occupations in Museum, Library, and Archival 

Sciences 202 164 93 107 109 57

Occupation unknown 4,288 2,141 1,050 924 3,238 1,217

Notes: Occupations ranked based on FY 2012 data. 

*N.E.C. indicates not elsewhere classified.
13

Table 8B. H-1B Petitions Approved by Major Occupation Group of Beneficiary and Type 

of Petition (Percent): FYs 2011 and 2012

All 

Beneficiaries

Initial

Employment

Continuing 

Employment

Occupational Category FY2011 FY2012 FY2011 FY2012 FY2011 FY2012

Number Number Number Number Number Number

Occupation known 100 100 100 100 100 100

Computer-related occupations 50.8 59.5 48.9 61.4 52.1 57.4

Occupations in Architecture, Engineering, 

 and Surveying 11.2 10.1 11.3 9.6 11.1 10.6

Occupations in Administrative Specializations 8.0 7.0 9.1 7.2 7.3 6.8

Occupations in Education 9.2 6.7 8.6 6.2 9.5 7.2

Occupations in Medicine and Health 7.0 5.4 5.7 4.2 7.9 6.8

Managers and Officials N.E.C.* 2.8 2.3 3.0 2.1 2.6 2.5

Occupations in Mathematics and 

 Physical Sciences 2.2 1.9 2.3 1.8 2.2 2.0

Occupations in Life Sciences 2.4 1.6 2.8 1.7 2.1 1.5

Miscellaneous Professional, 

Technical, and Managerial 1.9 1.5 2.2 1.6 1.6 1.5

Occupations in Social Sciences 1.9 1.0 2.2 1.1 1.6 0.9

Occupations in Art 1.1 0.4 1.5 0.4 0.9 0.4

Occupations in Law and Jurisprudence 0.5 0.3 0.7 0.3 0.4 0.2

Occupations in Writing 0.4 0.2 0.5 0.2 0.3 0.2

Miscellaneous 0.2 0.1 0.3 0.1 0.2 0.1

Occupations in Entertainment and Recreation 0.2 0.1 0.3 0.1 0.2 0.0

Sales Promotion Occupations 0.0 0.0 0.0 0.0 0.0 0.0

Occupations in Museum, Library, & Archival

 Sciences 0.1 0.0 0.1 0.0 0.1 0.0

Occupation unknown ------ ------ ------ ------ ------ ------

Notes: Occupations ranked based on FY 2012 data. 

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

Percentages shown in the table are based on the total number of petitions approved with known 

occupations.

*N.E.C. indicates not elsewhere classified.
14

Detailed Occupation

Tables 9A and 9B indicate the distribution of beneficiaries by detailed occupational category in 

FYs 2011 and 2012. Each table shows occupations arranged in descending order by the total 

number of beneficiaries approved in FY 2012. The list is limited to the top 20 categories. 

Fifty-one percent of approved petitions in 2012 were for aliens working as systems analysts or 

programmers. The second largest category was computer-related occupations.

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

Petition (Number): FYs 2011 and 2012

All

Beneficiaries

Initial

Employment

Continuing 

Employment

Occupational Category FY 2011 FY 2012 FY 2011 FY 2012 FY 2011 FY 2012

Number Number Number Number Number Number

Total 269,653 262,569 106,445 136,890 163,208 125,679

Occupation known 265,346 262,557 105,384 136,888 159,962 125,669

Occupations in Systems Analysis and Programming 116,236 134,037 44,912 73,092 71,324 60,945

Computer-Related Occupations, N.E.C.* 13,901 16,367 4,696 8,015 9,205 8,352

Occupations in College and University Education 17,859 12,992 7,397 6,902 10,462 6,090

Electrical/Electronics Engineering Occupations 11,400 9,854 4,831 5,049 6,569 4,805

Accountants, Auditors, and Related Occupations 8,750 7,363 3,658 3,835 5,092 3,528

Physicians and Surgeons 8,649 6,479 2,655 2,576 5,994 3,903

Mechanical Engineering Occupations 5,070 4,935 1,940 2,521 3,130 2,414

Misc Professional, Technical, and Managerial 

 Occupations, N.E.C.* 4,467 3,914 2,098 2,128 2,369 1,786

Budget and Management Systems Analysis Occupations 4,028 3,777 1,874 2,132 2,154 1,645

Occupations in Administrative Specializations, N.E.C.* 4,295 3,639 2,021 1,923 2,274 1,716

Occupations in Biological Sciences 4,683 3,576 2,218 1,886 2,465 1,690

Occupations in Economics 4,352 3,550 1,991 1,877 2,361 1,673

Occupations in Architecture, Engineering, and Surveying, 

 N.E.C.* 3,937 3,315 1,662 1,596 2,275 1,719

Miscellaneous Managers and Officials, N.E.C.* 3,762 3,174 1,613 1,512 2,149 1,662

Occupations in Medicine and Health, N.E.C.* 3,654 2,825 1,603 1,405 2,051 1,420

Industrial Engineering Occupations 2,630 2,411 1,102 1,217 1,528 1,194

Therapists 2,783 2,120 869 766 1,914 1,354

Occupations in Data Communications and Networks 2,555 2,112 1,066 1,154 1,489 958

Occupations in Computer System Technical Support 1,573 1,953 681 1,061 892 892

Civil Engineering Occupations 2,363 1,871 633 697 1,730 1,174

Other Occupations 37,292 32,293 16,009 15,544 21,283 16,749

Occupation Unknown 4,307 12 1,061 2 3,246 10

Notes: Occupations ranked based on FY 2012 data.

 *N.E.C. indicates not elsewhere classified. 
15

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

and Type of Petition (Percent): FYs 2011 and 2012

All

Beneficiaries

Initial

Employment

Continuing 

Employment

Occupational Category FY 2011 FY 2012 FY 2011 FY 2012 FY 2011 FY 2012

Percent Percent Percent Percent Percent Percent

Total ------ ------ ------ ------ ------ ------

Occupation known 100 100 100 100 100 100

Occupations in Systems Analysis and 

 Programming 43.8 51.0 42.6 53.4 44.6 48.5

Computer-Related Occupations, N.E.C.* 5.2 6.2 4.5 5.9 5.8 6.6

Occupations in College and University Education 6.7 4.9 7.0 5.0 6.5 4.8

Electrical/Electronics Engineering Occupations 4.3 3.8 4.6 3.7 4.1 3.8

Accountants, Auditors, and Related Occupations 3.3 2.8 3.5 2.8 3.2 2.8

Physicians and Surgeons 3.3 2.5 2.5 1.9 3.7 3.1

Mechanical Engineering Occupations 1.9 1.9 1.8 1.8 2.0 1.9

Misc Professional, Technical, and Managerial 

 Occupations, N.E.C.* 1.7 1.5 2.0 1.6 1.5 1.4

Budget and Management Systems Analysis 

 Occupations 1.5 1.4 1.8 1.6 1.3 1.3

Occupations in Administrative Specializations, 

 N.E.C.* 1.6 1.4 1.9 1.4 1.4 1.4

Occupations in Biological Sciences 1.8 1.4 2.1 1.4 1.5 1.3

Occupations in Economics 1.6 1.4 1.9 1.4 1.5 1.3

Occupations in Architecture, Engineering, and 

 Surveying, N.E.C.* 1.5 1.3 1.6 1.2 1.4 1.4

Miscellaneous Managers and Officials, N.E.C.* 1.4 1.2 1.5 1.1 1.3 1.3

Occupations in Medicine And Health, N.E.C.* 1.4 1.1 1.5 1.0 1.3 1.1

Industrial Engineering Occupations 1.0 0.9 1.0 0.9 1.0 1.0

Therapists 1.0 0.8 0.8 0.6 1.2 1.1

Occupations in Data Communication and 

 Networks 1.0 0.8 1.0 0.8 0.9 0.8

Occupations in Computer System Technical 

Support 1.0 0.7 0.8 0.8 1.2 0.7

Civil Engineering Occupations 1.0 0.7 1.0 0.5 0.9 0.9

Other Occupations 14.0 12.3 15.0 11.4 13.0 13.3

Occupation Unknown ------ ------ ------ ------ ------ ------

Notes: Occupations ranked based on FY 2012 data.

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

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

 * N.E.C. indicates not elsewhere classified.
16

Section 3.6 – Distribution of petitions by annual compensation13

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 FY 2012. As shown in Table 10, the 

median annual compensation reported by employers of H-1B workers approved for employment 

during FY 2012 was $70,000. The median annual compensation was also $70,000 in FY 2011. 

Half were expected to earn between $60,000 and $90,000. Median compensation ranged from a 

low of $50,000 for occupations in biological sciences to a high of $141,000 for physicians and 

surgeons.

Table 10. Annual Compensation ($) of All H-1B Beneficiaries by Major Occupation 

Group: FY 2012 (Approvals)

Total 25th Median Mean 75th

Occupation Reported Percentile Percentile

Total 260,309 60,000 70,000 79,000 90,000

Known Occupations with annual compensation 260,298 60,000 70,000 79,000 90,000

Occupations in Systems Analysis and Programming 133,562 60,000 69,000 77,000 88,000

Computer-related occupations N.E.C.* 16,300 65,000 83,000 86,000 100,000

Occupations in College and University Education 12,864 43,000 53,000 65,000 70,000

Electrical/Electronics Engineering occupations 9,820 74,000 85,000 90,000 102,000

Accountants, Auditors, and related occupations 7,229 50,000 60,000 71,000 80,000

Physicians and Surgeons 6,380 56,000 141,000 141,000 195,000

Mechanical Engineering occupations 4,886 63,000 74,000 78,000 87,000

Miscellaneous Professional, Technical, and Managerial 3,894 63,000 85,000 94,000 117,000

Budget and Management Systems Analysis occupations 3,703 55,000 68,000 80,000 95,000

Occupations in Administrative Specializations 3,599 45,000 61,000 74,000 91,000

Occupations in Biological Sciences 3,552 42,000 50,000 59,000 69,000

Occupations in Economics 3,496 55,000 77,000 89,000 106,000

Occupations in Architecture, Engineering, and Surveying 3,290 62,000 80,000 87,000 100,000

Miscellaneous Managers and Officials N.E.C.* 3,156 67,000 97,000 112,000 127,000

Occupations in Medicine and Health N.E.C.* 2,756 45,000 54,000 64,000 72,000

Industrial Engineering occupations 2,389 63,000 75,000 79,000 94,000

Occupations in Data Communications and Networks 2,100 60,000 66,000 74,000 85,000

Occupation unknown 11 60,000 85,000 86,000 109,000

Notes: Occupations ranked by number of beneficiaries.

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

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

 Mean is the average of all values.

 25th percentile and 75th 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.
17

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 

$79,000 for the former and $65,000 for the latter. In FY 2012 workers approved for continuing 

employment and initial employment reported mean annual compensation of $86,000 and 

$73,000 respectively.

Table 11. Annual Compensation ($) of H-1B Beneficiaries for Initial Employment

by Major Occupation Group: FY 2012 (Approvals)

Total 25th Median Mean 75th

Occupation Reported Percentile Percentile

Total 135,798 57,000 65,000 73,000 80,000

Known Occupations with annual compensation 135,796 57,000 65,000 73,000 80,000

Occupations in System Analysis and Programming 72,872 60,000 65,000 70,000 74,000

Computer-related occupations N.E.C.* 7,981 62,000 73,000 79,000 95,000

Occupations in College and University Education 6,845 42,000 51,000 63,000 69,000

Electrical/Electronics Engineering occupations 5,030 70,000 82,000 85,000 99,000

Accountants, Auditors, and related occupations 3,754 47,000 55,000 63,000 70,000

Physicians and Surgeons 2,554 53,000 130,000 138,000 190,000

Mechanical Engineering occupations 2,492 60,000 68,000 75,000 80,000

Miscellaneous Professional, Technical, and Managerial 2,120 58,000 75,000 84,000 100,000

Budget and Management Systems Analysis occupations 2,081 52,000 62,000 75,000 83,000

Occupations in Administrative Specializations 1,896 43,000 55,000 66,000 76,000

Occupations in Biological Sciences 1,875 40,000 48,000 56,000 62,000

Occupations in Economics 1,847 50,000 70,000 79,000 95,000

Occupations in Architecture, Engineering, and Surveying 1,579 57,000 71,000 83,000 92,000

Miscellaneous Managers and Officials N.E.C.* 1,501 62,000 86,000 114,000 125,000

Occupations in Medicine and Health N.E.C.* 1,375 42,000 50,000 60,000 65,000

Industrial Engineering occupations 1,203 60,000 71,000 77,000 94,000

Occupations in Data Communications and Networks 1,149 60,000 63,000 68,000 73,000

Occupation unknown 2 50,000 53,000 53,000 56,000

Notes: Occupations ranked by the number of beneficiaries.

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

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

 Mean is the average of all values.

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

 
18

Table 12. Annual Compensation ($) of H-1B Beneficiaries for Continuing Employment by 

Major Occupation Group: FY 2012 (Approvals)

Total 25th Median Mean 75th

Occupation Reported Percentile Percentile

Total 124,511 62,000 79,000 86,000 100,000

Known Occupations with annual compensation 124,502 62,000 79,000 86,000 100,000

Occupations in System Analysis and Programming 60,690 65,000 80,000 85,000 98,000

Computer-related occupations N.E.C.* 8,319 73,000 90,000 93,000 110,000

Occupations in College and University Education 6,019 44,000 54,000 68,000 71,000

Electrical/Electronics Engineering occupations 4,790 78,000 90,000 95,000 106,000

Physicians and Surgeons 3,826 58,000 150,000 143,000 200,000

Accountants, Auditors, and related occupations 3,475 54,000 70,000 80,000 92,000

Mechanical Engineering occupations 2,394 70,000 79,000 82,000 91,000

Miscellaneous Professional, Technical, and Managerial 1,774 73,000 95,000 106,000 125,000

Occupations in Architecture, Engineering, and Surveying 1,711 68,000 88,000 90,000 107,000

Occupations in Administrative Specializations 1,703 51,000 73,000 83,000 104,000

Occupations in Biological Sciences 1,677 45,000 53,000 63,000 75,000

Miscellaneous Managers and Officials 1,655 76,000 105,000 111,000 129,000

Occupations in Economics 1,649 63,000 90,000 99,000 124,000

Budget and Management Systems Analysis occupations 1,622 60,000 81,000 88,000 106,000

Occupations in Medicine and Health 1,381 47,000 57,000 69,000 77,000

Therapists 1,232 60,000 70,000 68,000 81,000

Industrial Engineering occupations 1,186 68,000 79,000 82,000 95,000

Occupation unknown 9 68,000 100,000 94,000 116,000

Notes: Occupations ranked by the number of beneficiaries.

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

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

 Mean is the average of all values.

 25th percentile and 75th percentile are the lower quarter and upper quarter ranking values, respectively.
19

Section 3.7 – Distribution of petitions by industry

Tables 13A and 13B show the industries that employed the most H-1B workers in FYs 2011 and 

2012. The number of workers approved for all known industries decreased 18 percent from 

247,557 in FY 2011 to 203,538 in FY 2012. 

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. 
20

Table 13A. H-1B Petitions Approved by Detailed Industry and Type of Petition 

(Number) FYs 2011 and 2012

Notes: Industries ranked by total beneficiaries in FY 2012.

 NAICS stands for North American Industry Classification System.

 

All 

Beneficiaries

Initial 

Employment

Continuing 

Employment

FY 2011 FY 2012 FY 2011 FY 2012 FY 2011 FY 2012

Industry Number Number Number Number Number Number

Total 269,653 262,569 106,445 136,890 163,208 125,679

Industry known 247,557 203,538 97,121 108,820 150,436 94,718

Computer Systems Design & Related 

 Services 97,713 110,414 40,077 61,870 57,636 48,544

Colleges, Universities, &

 Professional Schools 23,802 16,167 9,630 8,515 14,172 7,652

Software Publishers 6,961 5,367 2,436 2,582 4,525 2,785

Management, Scientific, & Technical 

 Consulting Services 10,190 4,915 4,939 4,306 5,251 609

General Medical and Surgical 

 Hospitals 6,954 4,533 2,267 1,989 4,687 2,544

Engineering Services 8,087 2,606 3,035 1,452 5,052 1,154

Research and Development in the 

 Physical, Engineering, and Life 

 Sciences

5,416 2,366 2,345 1,148 3,071 1,218

Offices of Physicians (except Mental 

 Health Specialists) 3,300 2,173 1,057 838 2,243 1,335

Semiconductor and related device 

 Manufacturing 5,496 2,132 2,629 1,115 2,867 1,017

Radio and Television Broadcasting 

 and Wireless Communications 

 Equipment Manufacturing

3,338 1,940 987 1,120 2,351 820

Elementary and Secondary Schools 5,388 1,874 1,136 596 4,252 1,278

Accountants and Accounting, Tax 

 Preparation, Bookkeeping, and 

 Payroll Services 

4,258 2,588 1,701 1,344 2,559 1,244

Semiconductor & Other Electronic 

 Component Manufacturing 5,946 1,528 2,629 746 3,317 782

Other Computer Peripheral 

 Equipment Manufacturing 4,153 1,110 1,250 408 2,903 702

Other industries 52,744 40,777 19,475 19,429 33,269 21,348

Industry unknown 22,096 59,031 9,324 28,070 12,772 30,961
21

Table 13B. H-1B Petitions Approved by Detailed Industry and Type of Petition 

(Percent) FYs 2011 and 2012

 

All 

Beneficiaries

Initial 

Employment

Continuing 

Employment

FY2011 FY2012 FY2011 FY2012 FY2011 FY2012

Industry Percent Percent Percent Percent Percent Percent

Total ------ ------ ------ ------ ------ ------

Industry known 100 100 100 100 100 100

Computer Systems Design and Related Services 39.5 54.2 41.3 56.9 38.3 51.3

Colleges, Universities & 

 Professional Schools 9.6 7.9 9.9 7.8 9.4 8.1

Software Publishers 2.8 2.6 2.5 2.4 3.0 2.9

Management, Scientific & Technical 

 Consulting Services 4.1 3.7 5.1 5.3 3.5 1.8

General Medical and Surgical Hospitals 2.8 2.2 2.3 1.8 3.1 2.7

Engineering Services 3.3 1.3 3.1 1.3 3.4 1.2

Research & Development in the Physical, 

 Engineering, and Life Sciences 2.2 1.2 2.4 1.1 2.0 1.3

Offices of Physicians (except Mental Health 

 Specialists) 1.3 1.1 1.1 0.8 1.5 1.4

Semiconductor and Related Device 

 Manufacturing 2.4 1.0 2.7 1.0 2.2 1.1

Radio and Television Broadcasting and 

 Wireless Communications Equipment 

 Manufacturing

1.3 1.0 1.0 1.0 1.6 0.9

Elementary and Secondary Schools 2.2 0.9 1.2 0.5 2.8 1.3

Accountants and Accounting, Tax Preparation, 

 Bookkeeping, and Payroll Services 1.7 1.3 1.8 1.2 1.7 1.3

Semiconductor and Other Electronic 

 Component Manufacturing 2.4 0.8 2.7 1.3 2.2 2.0

Other Computer Peripheral Equipment 

 Manufacturing 1.7 0.5 1.3 0.4 1.9 0.7

Other industries 21.3 20.0 20.1 17.9 22.1 22.5

Industry unknown ------ ------ ------ ------ ------ ------

Notes: Industries ranked by total beneficiaries in FY 2012.

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

 Percentages shown are based on the total number of petitions approved with industry known.

 NAICS stands for North American Industry Classification System
22

IV. Appendices

A. H-1B petition processing

Petitions for obtaining H-1B nonimmigrant classification for alien workers are submitted by 

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 generally 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,14 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), as well as data on 

occupational and industry categories, are 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 subject and cap exempt cases, the file is assigned to an adjudicator. 

The adjudicator evaluates whether there is adequate information in the file to approve or deny 

the petition, or whether a need for further information warrants a request for evidence or 

initiation of an administrative investigation. 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 petition and 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. 

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 

 

14 Petitions that are improperly filed (e.g., submitted without the correct supplements, proper signatures, or required 

fees) may be rejected by the service center. Rejected petitions are returned to the petitioner with any submitted fees. 

See 8 CFR 103.2(a)(7).
23

the petitioner, initial data entry errors at service centers, or improper electronic transfer from the 

service centers to USCIS Headquarters. Accordingly, some data elements in the above tables are 

“unknown.”

Minimal 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 (such as those 

working without compensation) have been defined as “unknown.” Information in electronic 

format is not available regarding the cities or states where H-1B workers are employed.