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 November 14, 2005, and are on the USCIS website at http://uscis.gov/graphics/services/tempbenefits/cap.htm.

As evidenced by the chart, the FY 06 numbers continue to decrease.  Less than 4,000 of these H-1Bs are available for the rest of the fiscal year.  Jackson & Hertogs reminds employers who have recently hired individuals on 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.

Current cap count for non-immigrant worker visas

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