As of May 16, 2006, the U.S. Citizenship and Immigration Service (USCIS) has received 39,445 H-1B petitions eligible for the primary H-1B numbers and 5,048 petitions covered by the H-1B Advanced Degree Exemption. 

With only 58,200 H-1B numbers available under the primary cap, this means that nearly two thirds of all available H-1Bs for the upcoming fiscal year already have been taken.  If usage of H-1Bs continues at this pace, the regular H-1B cap could be reached before the end of June 2006.

The latest cap count does suggest that H-1B numbers for persons holding advanced degrees from U.S. universities will be available after the regular H-1B cap is exhausted, but the usage rate of these numbers suggests that these also will be exhausted before the fiscal year starts on October 1, 2006.

Jackson & Hertogs advises employers to immediately file H-1B petitions for any foreign workers who do not have employment authorization beyond October 1, 2007.  The only exception would be for those foreign hires who already hold H-1B status and have already been counted against the H-1B cap.  (Note: those in H-1B status working for universities or non-profit research facilities have likely not had their H-1B visas count against the cap, and thus likely remain subject to this year's H-1B cap.)  Once this fiscal year's H-1B cap is reached, new H-1B petitions will not be accepted by the USCIS until April 1, 2007, and the earliest validity date that will be available on those petitions will be October 1, 2007.

If you believe that you have any employees or would-be employees who need H-1B status for FY2007, please contact our office immediately.

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