Fiscal Year 2007 H-1B Cap for Nonexempt Workers Close to Being Reached

May 30, 2006

The USCIS's most recent website posting continues to reflect a very heavy demand for H-1B visas on the nonexempt category.  USCIS reports that, as of May 25, 2006, it has either granted or is processing 49,034 H-1B visa petitions that are subject to the Fiscal Year 2007 cap.  Given that the effective cap for FY 2007 is 58,200 (not including the 6,800 visas 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 close to being reached, as over two-thirds of the visas are taken by beneficiaries whose applications have been approved or are pending.

The demand for the 20,000 H-1B visas set aside for those who hold a master's degree or higher earned at a U.S. institution remains steady.  USCIS reports that it has either approved or is currently processing 5,830 applications 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 process of your petition.  Please contact our office if you would like to learn more.

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