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News: H-1B Cap Reached on April 2, 2007

H-1B Cap Reached on April 2, 2007
To no one's surprise, the USCIS announced that as of April 2, 2007, it has received enough H-1B petitions to reach the 2008 Fiscal Year cap of 65,000, and therefore has set that date as the “final receipt date” for such petitions. April 2, 2007 also happens to be the very first date on which such petitions could be filed. It was fully expected that the cap would be reached and surpassed on the first day for filing. In fact, approximately 150,000 petitions were filed.

The USCIS will subject the H-1B petitions that were received on both April 2 and April 3 to a computer-generated random selection process, a lottery, and it announced that because of the high volume of petitions received, the lottery will take several weeks to conduct. The petitions that are not selected in the lottery will be returned to the petitioner along with the filing fees.

Any H-1B petition received on April 4, 2007 or later will simply be rejected.

As for the first 20,000 H-1B petitions filed on behalf of aliens with U.S. earned Masters’ or higher degrees, the USCIS announced that it does not yet know how many such petitions were received on April 2 and April 3, and that it will make an announcement regarding the “final receipt date” for such petitions at a later date. The first such 20,000 petitions are exempt from the 65,000 cap as directed by the H-1B Visa Reform Act of 2004.


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