H-1B temporary visas for skilled professionals remain in the news as commentators note the relative decline in use of the visa as compared to previous years. According to U.S. Citizenship and Immigration Services, H-1B petitions filed for FY 2012 are indeed running below earlier years. (See Table 1.)

Table 1

FY 2012 H-1B Cap Count

Source: U.S. Citizenship and Immigration Services

Past Years: Which Companies Have Used the Most?

One source of controversy on H-1B visas has been the number of Indian companies featured among the top H-1B users. While the federal government has not released a complete list of H-1B employers for fiscal year 2010, some press outlets have obtained a top 12 list. Table 2 below shows that Infosys, an Indian company, was at the top of the list. Cognizant was second, Microsoft third, followed by Wipro, IBM India, Accenture, Larson & Toubro Infotech, Satyam, Mphasis and Deloitte. Google and Patni America were number 11 and 12 on the list.

Table 2

2010 H-1B Approved Petitions: Top Ten Employers

Source: U.S. Citizenship and Immigration Services

Although the H-1B limit was reached in both FY 2009 and FY 2010, total approvals can differ each year. An application is generally counted in the fiscal year it is approved, rather than the fiscal year the H-1B professional starts working. In other words, a new H-1B approved on May 1, 2010 will be tabulated for data purposes in fiscal year 2010, even if the individual will not start working until October 1, 2010, which begins fiscal year 2011. That may explain why the FY 2010 numbers are higher than FY 2009 for petitions for new H-1Bs (rather than existing H-1B visa holders changing employers or having their status renewed).

Table 3 shows a list of the top 30 employers of new H-1B petitions approved in FY 2009. Wipro tops the list, followed by Microsoft, Intel, IBM India, Patni Americas, Larsen & Toubro, Ernst & Young, Infosys, UST Global and Deloitte Consulting. The list of the top 30 companies is more revealing than only a top 10 list, since one can see a wider variety of employers in the 11-30 range. For example, well-known U.S. companies such as Cisco Systems and Motorola were not in the top 10 but filed for a fair number of petitions for skilled foreign nationals in FY 2009. One also gains a view of the use of H-1Bs by educational institutions, with the Baltimore Public School System, University of Maryland and University of Michigan on the list.

Table 3

Top 30 Employers for New H-1B Petitions Approved in FY 2009 

Source: USCIS. Petitions approved for initial beneficiaries in FY 2009

Conclusion

Although India-based companies have populated the top 10 list among largest users of H-1B visas, they do not use the majority of the visas each year. A tabulation of India-based companies has found their numbers have declined significantly since FY 2006. As often the only practical way to hire a skilled foreign national to work long-term in the United States, we can be sure employers of all types will continue to use H-1B visas.