Alerts and Updates
H-1B Master's Cap Has Been Reached
August 2, 2006
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.
For Further Information
For more information about this Alert, please contact one of the attorneys in our Immigration Law Practice Group or the attorney in the firm with whom you are regularly in contact.
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.
