H-1B update for those with U.S. master's degree

The following are the most recent calculations for the H-1B visa number usage for the special 20,000 visas reserved for individuals who hold Master's degrees (or other advanced degrees) from a U.S. university or college. These numbers represent the USCIS count as of September 30, 2005, the last day of fiscal year 2005, and are on the USCIS website at http://uscis.gov/graphics/services/tempbenefits/cap.htm.

While it appears that nearly 7,500 H-1B numbers went unused for FY 05, the FY 06 numbers continue to decrease. Employers who have recently hired individuals who have F-1 practical training that will not be valid beyond the first day of the next fiscal year (October 1, 2006), who are considering hiring an F-1 student, or anyone else who requires initial sponsorship as an H-1B (or who was not previously counted against the cap because they are an H-1B nonimmigrant working for a university or a not-for-profit research facility) should file petitions immediately to have the best possible chance of securing one of the few remaining visa numbers for FY 2006. Once the cap is reached, new petitions will not be accepted by the USCIS until April 1, 2006, and the earliest validity date that will be available on those petitions will be October 1, 2006.

If you believe that you have any employees or would be employees who fall within this category, please contact our office immediately. Jackson & Hertogs will continue to provide updates as new information arrives.

	H-1B (FY 06)	H-1B Advance Degree Exemption (FY 05)	H-1B Advance Degree Exemption (FY 06)	H-2B (FY 05)*	H-2B 1st Half (FY 06)	H-2B 2nd Half (FY 06)
Cap	58,200**	20,000	20,000	35,000	33,000	33,000
Beneficiaries Approved	22,383	12,563	8,168	19,403	11,957	--
Beneficiaries Pending	29,556	0	5,176	0	4,491	--
Total	51,939	12,563	13,344	19,403	16,488	--
Date of Last Count	8/4/2005	9/30/2005	9/30/2005	9/30/2005	9/30/2005	--