Passage: The Immigration Act of 1990 limits to 65,000 the number of foreign nationals who may be issued a visa or otherwise provided H-1B status each U.S. fiscal year (FY). An additional 20,000 H-1Bs are available to foreign nationals holding a masters or higher degree from U.S. universities. In addition, excluded from the ceiling are all H-1B non-immigrants who work at (but not necessarily for) universities, non-profit research facilities associated with universities, and government research facilities.  Universities can employ an unlimited number of foreign workers otherwise qualifying for the H-1B as cap-exempt.  This also means that contractors working at but not directly employed by the institutions may be exempt from the cap as well. However, employers must show 1) the majority of the workers duties will be performed at the qualifying institution, organization or entity and 2) the job duties directly and predominantly further the essential purpose, mission objectives or functions of the qualifying institution, organization or entity.  Free Trade Agreements carve out 1,400 H-1B1 visas for Chilean nationals and 5,400 H-1B1 visas for Singapore nationals. However, if these reserved visas are not used, then they are made available in the next fiscal year to applicants from other countries. Due to these unlimited exemptions and roll-overs, the number of H-1B visas issued each year is significantly more than the 65,000 cap, with 117,828 having been issued in FY2010, 129,552 in FY2011, and 135,991 in FY2012.  In past years, the cap was not always reached.  For example, in FY1996, the Immigration and Naturalization Service (now known as USCIS) announced on August 20, 1996, that a preliminary report indicated that the cap had been exceeded, and processing of H-1B applications was temporarily halted.  However, when more accurate numbers became available on September 6, it became apparent the cap had not been reached after all, and processing resumed for the remainder of the fiscal year.
How many fewer H-1B visas were issued in 2010 than in 2011? How many more H-1B1 visas are for Singapore nationals than Chilean nationals? How many more H-1B1 visas were issued in 2012 than the legal limit set in the Immigration Act of 1990? How many more H-1B1 visas were issued than the cap in 2010? How many total H-1B visas are available between foreign nationals and foreign nationals who hold a masters or higher degree from US universities? What year were more H-1B visas issued, 2010 or 2012?