Builders and Contractors Exchange
Weekly Bulletin: 22 June 2007
H1 Visa Cap Reached for FY 2008
By: Mara S. Mijal
The U.S. Citizenship and Immigration Services (“USCIS”) announced on April 3, 2007 that as of April 2, 2007, it had already received approximately 150,000 cap-subject H-1B petitions for Fiscal Year 2008, though there are only 65,000 such H-1Bs available. April 2 was the first day that the USCIS could accept H-1B petitions under the FY 2008 cap, because April 1, the earliest an employer could file, fell on a Sunday. Pursuant to the H-1B regulations, the USCIS used a random selection process for all cap-subject H-1B filings received on April 2, 2007 and April 3, 2007. The USCIS is rejecting and returning all petitions received on April 2 and April 3 that are not randomly selected, along with any cap-subject cases received on or after April 4.
The H-1B cap was hit in record time this year and, unless Congress acts to lift the cap, U.S. employers who need highly educated foreign professionals with critical skills will have to wait nearly 18 months before they can obtain this needed expertise. Although Congress allotted 20,000 additional H-1Bs per year for individuals who have earned master’s degrees from U.S. colleges and universities, this second cap was also hit before the end of April. Although the H-1B cap has been filled prematurely before, this is the first time that it has been reached on the first day that employers were able to file—which was six months before the fiscal year in which the visas would be used would even begin.
The H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled international professionals, such as engineers, architects, research scientists, and others, to provide expertise to American companies for temporary periods. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H-1B visa is utilized by U.S. businesses and other organizations to employ international professionals in specialty occupations that require specialized expertise. Typical H-1B occupations include scientists, architects, engineers, systems analysts, accountants, doctors, actuaries, and teachers. If you have specific questions about the requirements for an H-1B visa, other temporary work visas, or permanent immigration options, you should contact an immigration attorney
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This article is meant to bring awareness to this topic and is not intended to be used as legal advice.