Update on H-1B Visa Usage for Fiscal Year 2007

May 23, 2006

USCIS announced that as of May 12, 2006, it has either granted or is processing 34,808 H-1B visa petitions that are subject to the Fiscal Year 2007 cap.  Given that the USCIS began accepting the H-1B petitions for FY 2007 less than two months ago, on April 1, 2006, and that the effective cap for FY 2007 is 65,000 (minus 6,800 set aside for Chile and Singapore), the numerical limit for H-1B petitions for FY 2007 (October 1, 2006 through September 30, 2007) is very quickly being reached.

Likewise, the FY 2007 cap of 20,000 H-1B visas for those who hold a master's degree or higher earned at a U.S. institution is also quickly being reached.  USCIS reports it has either approved or is currently processing 4,538 petitions in this category.

Not all petitions are subject to the cap.  H-1B extensions, amendments and H-1B transfers from one company to another are not affected by the cap.  Also unaffected are persons who are exempt from the cap, such as persons seeking employment through institutions of higher education, nonprofit research organizations, and government research organizations.

If you have concerns about the timing or filing of your H-1B petition, you should consider filing a premium processing application to speed the processing of your petition.  Please contact our office if you would like to learn more.

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