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The pace of
H-1B filings is surging rapidly, based on the latest
update from U.S. Citizenship and Immigration Services
(USCIS) on the number of H-1B petitions already received for
fiscal year 2007. As of May 25, 2006, USCIS received 49,034
H-1B petitions eligible for the primary H-1B numbers and 5,830
petitions covered by the H-1B Advanced Degree Exemption. With
only 58,200 H-1B numbers available under the primary cap, less
than 10,000 H-1Bs remain available for upcoming fiscal year
2006. Based on these latest numbers, the primary H-1B cap
could be reached in early June.
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 also suggests
that this reserve of H-1B numbers will be exhausted well before
the fiscal year starts on October 1, 2006. We anticipate usage
of these numbers accelerating as students graduate from school
in May and June, and become eligible for the advanced degree
classification.
Jackson &
Hertogs advises employers to immediately file H-1B
petitions for any foreign workers who need this visa category
and are subject to the 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 have
any employees or would-be employees who need H-1B status for FY
2007, please contact our office immediately. Jackson & Hertogs
will continue to provide updates as new information become
available. |
