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News: H-1B Cap is Already Reached for FY 2007

H-1B Cap is Already Reached for FY 2007

On June 1, 2006, the USCIS announced that it has received a sufficient number of H-1B petitions to meet the congressionally mandated cap of 65,000 for fiscal year 2007. The "final receipt date" for H-1B petitions subject to the FY 2007 annual cap was announced as being May 26, 2006. H-1B petitions subject to the FY 2007 annual cap that are received by USCIS after the "final receipt date" will be rejected.

However it is important to keep in mind that certain H-1B petitions do not count toward the cap.

For Current H-1B Workers, the USCIS will continue to process petitions filed to:

1. Extend the amount of time a current H-1B worker may remain in the United States.

2. Change the terms of employment for current H-1B workers.

3. Allow current H-1B workers to change employers.

4. Allow current H-1B workers to work concurrently in a second H-1B position.

Also, the first 20,000 H-1B petitions filed on behalf of aliens with U.S. earned masters' or higher degrees will be exempt from the cap. As of this writing, for FY 2007, USCIS has received approximately 5,830 such exempt petitions.

Finally, certain new H-1B employment are exempt from the cap if the worker is to be employed at an institution of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations.




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