USCIS Reaches H-1B Cap

The USCIS announced that it received enough H-1B petitions to meet the cap for fiscal year 2006, which runs from October 2005 to October 2006. They established August 10, 2005 as the cut off date and any petitions received after that date will not be accepted. A foreigner who has not been on an H-1B visa in the last six years and is applying for a new H-1B is subject to the 65,000 cap. People who will work for an institution of higher education or related/affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization are not subject to the cap. People who already have an H-1B are not subject to the cap when they apply for extensions. Moreover, there are 20,000 additional numbers each year available to individuals who graduated with a master's from a U.S. institution.

As of this date, the USCIS received 10,000 petitions for masters degree holders for Fiscal Year 2005 (10/04-10/05) and 8,000 for Fiscal Year 2006 (10/05-10/06).

Please read the attached press release for additional information.

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