Alerts and Updates
H-1B Nonimmigrant Visa Numbers for FY 2006 Nearly Exhausted
August 9, 2005
The USCIS published the following figures as of July 31, 2005:
| H-1B (FY 06) | H-1B Advance Degree Exemption (FY 05) | H-1B Advance Degree Exemption (FY 06) | |
| Cap | 58,200* | 20,000 ** | 20,000 |
| Cases Approved | 21,252 | 9,358 | 4,035 |
| Cases Pending | 27,788 | 792 | 3,849 |
| Total | 49,040 | 10,150 | 7,884 |
| Date of Last Count | 7/31/2005 | 7/28/2005 | 7/31/2005 |
*6,800 are set aside for the H-1B program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreements and to the extent unused can first be made available for general use on October 1, 2006, the start of FY 2007.
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. businesses and other organizations 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 current fiscal year cap on the H-1B category is 65,000. The fiscal year runs from October 1st through September 30th.
**H-1B Advance Degree Exemption
The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, 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.
At this pace, the entire FY 2006 H-1B quota will be exhausted in the next few weeks. This will result in a repeat of last year's blackout of new H-1B visas for an entire year. Foreign nationals with a master's or Ph.D. degree from an American university or college will continue to have a better chance for a number given the new 20,000 exemption. However, as the USCIS figures show, over one-half of these numbers for FY 2005 and over one-third of the numbers for FY 2006 have already been used.
Duane Morris urges all employers to review immediately their employment needs for the next year and to pay particular attention to foreign students working on Optional Practical Training (OPT). After the quota is exhausted, these students will not be able to change status and will have to stop working when their OPT time expires.
For More Information
Should you have any questions or need additional information, please contact one of the attorneys in our Immigration Law Practice Group.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
