On July 28, 2006, USCIS announced that the H-1B Master's Cap has been reached for FY 2007. USCIS announced that the final receipt date for H-1B petitions subject to the Master's Cap was July 26, 2006. In addition, USCIS confirmed that petitions "received on July 26, 2006, will be subject to the random selection process."
The H-1B Master's Cap provided 20,000 H-1B visa numbers to those workers who graduated from a U.S. university with the minimum of a master's degree.
USCIS previously announced that the general H-1B cap was reached as of May 26, 2006.
What Does This Mean For You?
This means that unless an employee qualifies for one of the exemptions listed below, no H-1B visa numbers are available until October 1, 2007. Certain employees are exempt from the cap, such as those individuals who are directly employed by, or work at, institutions of higher education or related or affiliated nonprofit entities; employees of nonprofit research organizations and government research organizations; or employees who have recently been counted toward the cap and are seeking to extend their stay or change employers. In addition, physicians who previously held J-1 status, who received a waiver of the two-year home residence requirement, may be able to work in H-1B status for three years in a medically underserved area.
What Can You Do?
There are a variety of other employment visa options that may be viable for you or for your organization. Please contact our Immigration Group if you would like to explore options for yourself or your company's employees.
This article is for general information and does not include full legal analysis of the matters presented. It should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The description of the results of any specific case or transaction contained herein does not mean or suggest that similar results can or could be obtained in any other matter. Each legal matter should be considered to be unique and subject to varying results. The invitation to contact the authors or attorneys in our firm is not a solicitation to provide professional services and should not be construed as a statement as to any availability to perform legal services in any jurisdiction in which such attorney is not permitted to practice.
Duane Morris LLP, among the 100 largest law firms in the United States, is a full-service firm of more than 600 lawyers. In addition to legal services, Duane Morris has independent affiliates employing approximately 100 professionals engaged in other disciplines. With offices in major markets, and as part of an international network of independent law firms, Duane Morris represents clients across the nation and around the world.
