United States: FY 2006 H-1B Nonimmigrant Visa Cap Reached

On August 12, 2005, the United States Citizenship & Immigration Service (USCIS) issued a public notice indicating that there are now sufficient cap-subject H-1B petitions in the pipeline to fill the Fiscal Year (FY) 2006 (i.e., October 1, 2005 to September 30, 2006) quota. Petitions filed after August 10, 2005, will be rejected. Petitions received on August 10, 2005, will be subject to a "random selection process." The earliest date a petition for new H-1B employment can be received for FY 2007 is April 1, 2006.

The USCIS notice advises that about half of 20,000 cap-exempt petitions are still available for both FY 2005 and FY 2006 for persons with a master's or Ph.D. degree from an American college or university. H-1B extensions of status, including change of employer, and amended petitions are not subject to the cap. Further, petitions for new H-1B employment by institutions of higher education (or affiliated nonprofit entities) or private or governmental nonprofit research organizations are also not subject to the annual cap.

The full text of the USCIS notice can be read at: http://uscis.gov/graphics/publicaffairs/newsrels/H-1Bcap_12Aug05.pdf

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