August 12, 2005
USCIS REACHES H-1B CAP -- PRESS RELEASED ISSUED AUGUST 12, 2005
U.S. Citizenship and Immigration Services, through a press release
issued today, announced that they have received enough H-1B petitions to
reach the "cap" for Fiscal Year 2006.
While not completely unexpected, this early reaching of the cap, prior
to the start date of FY 2006 (October 1, 2005), will raise questions
again about what options are available since no new H-1B visas for
cap-subject petitions will be now available until FY 2007 (effective
October 1, 2006).
Please note that the press release indicates there are still H-1B visas
available for FY 2005 and FY 2006 for petitions where the beneficiary
has a master's or higher degree earned from a U.S. institution (this
provision made available in accordance with the H-1B Visa Reform Act of
2004).
The USCIS has posted on its website the "Current Cap Count for
Nonimmigrant Worker Visas", available for reference at:
http://uscis.gov/graphics/services/tempbenefits/cap.htm
Reminder -- H-1B employment is NOT subject to the annual cap
if the beneficiary will be employed at an institution of higher
education or a related or affiliated nonprofit entity, or at a nonprofit
research organization or a governmental research organization.