Updates
April 03, 2007
USCIS Announces H-1B Cap Has Been Reached for Fiscal Year 2008
On April 3, 2007, U.S. Citizenship and Immigration Services (USCIS) announced that it had received enough cap-subject H-1B petitions to meet the annual cap of 65,000 H-1B visas for fiscal year 2008. Cases received on April 2 and April 3, 2007 will be subject to a random selection process, meaning that some, but not all, H-1B petitions received on April 2 and April 3 will be processed. Cases received after April 3 will be returned along with all filing fees. Unless Congress takes action to increase the number of H-1B visas available to employers, the next date on which employers will be permitted to file cap-subject H-1B petitions will be April 1, 2008, for a start date of October 1, 2008.
USCIS has not yet determined whether it has received at least 20,000 H-1B petitions where the beneficiary has earned a master's or higher degree from a U.S. college or university. The 20,000 U.S. master's cases are in addition to the base cap of 65,000 H-1B visas.
According to USCIS, it received approximately 150,000 cap-subject H-1B petitions on April 2, 2007. After entering initial data for all H-1B petitions received on April 2 and April 3, USCIS will conduct the random selection process. USCIS has indicated that the random selection process will not occur for at least several weeks due to the high volume of H-1B filings.
We have included a copy of the USCIS press release regarding the H-1B cap at the bottom of this page.
It is important to note that not all H-1B cases are subject to the cap. Cases subject to the H-1B cap include: (1) petitions for new H-1B employment (e.g., change of status from F-1 to H-1B); and (2) petitions to change H-1B employment from a cap-exempt entity (e.g., a university) to a cap-subject entity (e.g., a private employer).
Cases not subject to the cap for fiscal year 2008 include: (1) petitions to change employers for a foreign national who is already in H-1B status with a cap-subject entity; (2) petitions to extend or amend H-1B status; (3) petitions filed by institutions of higher education and non-profit organizations that are related to institutions of higher education; (4) petitions for J-1 physicians who receive a waiver of the two-year home residence requirement; and (5) petitions for Chilean, Singaporean and Australian citizens pursuant to special H-1B1 and E-3 procedures.
USCIS has not yet determined whether it has received at least 20,000 H-1B petitions where the beneficiary has earned a master's or higher degree from a U.S. college or university. The 20,000 U.S. master's cases are in addition to the base cap of 65,000 H-1B visas.
According to USCIS, it received approximately 150,000 cap-subject H-1B petitions on April 2, 2007. After entering initial data for all H-1B petitions received on April 2 and April 3, USCIS will conduct the random selection process. USCIS has indicated that the random selection process will not occur for at least several weeks due to the high volume of H-1B filings.
We have included a copy of the USCIS press release regarding the H-1B cap at the bottom of this page.
It is important to note that not all H-1B cases are subject to the cap. Cases subject to the H-1B cap include: (1) petitions for new H-1B employment (e.g., change of status from F-1 to H-1B); and (2) petitions to change H-1B employment from a cap-exempt entity (e.g., a university) to a cap-subject entity (e.g., a private employer).
Cases not subject to the cap for fiscal year 2008 include: (1) petitions to change employers for a foreign national who is already in H-1B status with a cap-subject entity; (2) petitions to extend or amend H-1B status; (3) petitions filed by institutions of higher education and non-profit organizations that are related to institutions of higher education; (4) petitions for J-1 physicians who receive a waiver of the two-year home residence requirement; and (5) petitions for Chilean, Singaporean and Australian citizens pursuant to special H-1B1 and E-3 procedures.
The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.
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