August 12, 2005

H-1B Cap for FY2006 May Have Been Reached

The American Immigration Lawyers Association indicated this evening that the H-1B cap may have been reached, and/or that there may be enough cases in the pipeline for the cap to be reached soon. Our firm will continue to file cases until an announcement by USCIS that all slots have been used..

The cap for advanced degree holders from US universities HAS NOT been reached. In fact, the advanced degree caps for both fiscal years 2005 and 2006 have many slots left. We do not have any word yet on whether Congress will convert unused slots from the advanced degree cap for FY2005 to the general cap for FY2005 or FY2006 so as to increase H-1B visa availability. However, we are hopeful that some form of relief to increase the cap may be proposed.

Again, we have no formal word from USCIS on whether the cap has been used completely, and we will continue to file cases until USCIS does not except them.

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