August 12, 2005

H-1B Cap Has Been Completed for FY2006 - Other Options

FY2006 CAP

There are a total of 65,000 H-1B visas allotted in each fiscal year. Of that, 6800 are set aside for H-1B applicants applying under the Chili/Singapore Free Trade Agreements. Therefore, the H-1B cap for all other applicants is 58,200. There were enough applications received to completely use this cap on August 10, 2005.

UNUSED VISA REALLOCATION FOR FY2006 APPLICANTS WHO WERE CAPPED OUT

All unused visas under the above mentioned 6800 (Chili/Singapore Free Trade Agreements) set aside for FY2006 will be released to applicants who applied but did not make it under the FY06 cap. These will be made available within the first 45 days of the start of the FY2007 fiscal year, on October 1, 2006.

PETITIONS RECEIVED ON THE FINAL DAY THAT THE H-1B CAP WAS REACHED

Because all petitions received on August 10, 2005 will not make it under the FY20065 cap, a random selection of cases received on that day will be used to select those cases that will be counted against the same, until the cap is completely used.

PETITIONS DEEMED NOT EXCEPTED UNDER FY2006 CAP

Petitions that make it under the FY2006 will be rejected and sent back to the person/firm who filed the same together with the USCIS filing fees.

CAP EXEMPT PETITIONS CAN STILL BE FILED

1. Partial Exemption - There are 20,000 H-1B petitions available for applicants with advanced degrees from US universities each fiscal year. For FY2005 approximately 10,000 have been counted against the cap. For FY2006 approximately 8,000 have been counted against the cap. Therefore, there are many slots left hereunder for applicants who may qualify.

2. If you are currently under H-1B status, and/or have had it in the past at any time, then you will be exempt from the cap.

3. If employment will occur at an institution of higher education or a related entity, or a nonprofit governmental research, or other research organization, H-1B petitions filed thereon will not be subject to the cap.

YOUR OPTIONS IN THE FUTURE

1. Cases for advanced degree holders and other cap exempt applicants as stated above, may continue to be filed for immediate employment, as well as for work during FY2006.

2. We do not have any word on whether Congress will increase the FY2006 cap, and/or convert any unused visa slots under the advanced degree holder cap, or the Chili/Singapore Free Trade Agreement, for use toward the FY2006 cap, so as to increase the same. However, we are hopeful that some relief may be passed.

3. Filing of FY2007 cases can take place in the Spring of next year.

4. Our office will continue to prepare cases and have them ready on stand by in anticipation of filing them timely in case there is a cap increase, and/or against the FY2007 cap.

5. Some H-1B cases may qualify for filing under other classifications such as the L-1. For a case review in this regard, please contact us.

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