U.S. Citizenship and Immigration Services (USCIS) announced that it has reached
the exemption limit of 20,000 established by Congress for fiscal year(FY) 2007.
The “final receipt date” for these exempt H-1B petitions was decided
by USCIS as July 26, 2006. Petitions received on July 26, 2006 are subject to
a random selection process. USCIS will reject petitions requesting a foreign worker
with a master’s or higher degree earned from a U.S. institution of higher
education that are received after the “final receipt date” unless
the petition is otherwise eligible for a separate cap exemption.
USCIS has implemented the following procedure for H-1B filings for FY 2007 in
accordance with the procedures announced in 70 FR 23775 (Allocation of Additional
H-1B Visas Created by the H-1B Visa Reform Act of 2004):
Petitions for current H-1B workers do not count towards the congressionally mandated
H-1B cap. Accordingly, USCIS will continue to process petitions filed to:
- If USCIS determines that the numerical limits have been exceeded, USCIS
will identify those H-1B petitions seeking an FY 2007 number that were received
on that date.
- USCIS will then conduct a computer-generated random selection of the petitions
received on that date to allocate any remaining FY 2007 H-1B numbers.
- After random selection, any remaining H-1B petitions that do not receive
an FY 2007 number and are not otherwise exempt will be rejected and returned.
- Returned petitions will be accompanied by the filing fee.
- Petitioners may re-submit their petitions when H-1B visas become available
for FY 2008.
- The earliest date a petitioner may file a petition requesting FY 2008 H-1B
employment with an employment start date of October 1, 2007, would be April
VisaPro readers are aware that USCIS reached the ‘general’ H-1B Cap
on May 26, 2006 and conducted a similar ‘lottery’ for petitions received
on that day. Now that H-1B’s for FY 2007 are over, US employers need to
look for alternative visa categories to employ foreign nationals in the US. If
you are an employer who missed the H-1B bus this time, click
here to consult a VisaPro Attorney to look for alternatives.
- Extend the amount of time a current H-1B worker may remain in the United
- Change the terms of employment for current H-1B workers.
- Allow current H-1B workers to change employers.
- Allow current H-1B workers to work concurrently in a second H-1B position.