Current Cap Count for Advanced H-1B Non-Immigrant Worker Visas For Fiscal Year 2007
Posted by Jeff Z. Xie on June 28, 2006 at 19:11:59
What is a Cap? The word “Cap” refers to annual numerical limitations set by Congress on the numbers of workers authorized to be admitted on different types of visas or authorized to change status if already in the United States. H-1B Established by the Immigration Act of 1990 (IMMACT), the H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H-1B visa program is utilized by some U.S. employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes fashion models. The current annual cap on the H-1B category is 65,000. But the quota number cap was reached on 5/26/2006. H-1B Advanced Degree Exemption The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The Act also makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution. As of 6/23/2006, of the 20,000 visas for advanced degree holders, 11,918 petitions have been filed with USCIS. 3,740 petitions have been approved and 8,178 applications are still pending. Therefore there are only 8,082 visas available. However USCIS specifically notes, “The numbers on the table for H-1B Advanced Degree Exemption include only receipted petitions. As of 6/23/06, an estimated 800 I-129 H-1B petitions seeking the Advanced Degree exemption had yet to be receipted.” This note means that the usage of quota number is not current number and the actual usage can be higher than indicated. Therefore we suggest these who have earned an advanced degree (Master’s or Ph.D.’s) in the US and have got a job offer file the H-1B petitions ASAP. The number usage counts announced by USCIS is not accurate, or at least, not current or instant count.
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