The USCIS reports that, as of May 12, 2006, 6,033 cap-subject H-1B visas have been approved since April 1. There are another 28,775 cap-subject H-1B visas pending in front of USCIS adjudicators. Essentially 34,808 cap-subject H-1B visas have been claimed toward this year's H-1B cap.

This represents a significant uptick since we last provided an update (See: http://www.hammondlawfirm.com/alerts/05.03.2006_alert.htm). HLG believes that the H-1 Cap will be reached by mid-June. Accordingly, if your company is considering filing for cap-subject H-1 workers, we urge you to immediately initiate those cases.

There are 61,000 cap-subject H-1B visas available during this fiscal year. Last year, the H-1B cap was reached on August 12. The U.S. fiscal year runs from October 1 - September 30, however petitions may be filed six months in advance. "Cap-subject" H-1B visas are only those cases for new hires, who have never previously held H-1B petitions. For instance, students, off shore hires, and those wishing to change from another visa classification. "Company transfer" H-1B visas are NOT subject to the cap. Likewise, H-1B cases for some non-profit research organizations and higher education institutions are not subject to the cap.

There is also a separate H-1B cap of 21,000 for Beneficiaries who hold U.S. Masters degrees. As of April 24, 2006, the USCIS reports that 1,392 have been issued and another 3,246 remain pending.

As an aside, please note that the quota numbers of 61,000 and 21,000 vary slightly from the generally-reported quotas of 65,000 and 20,000. The quotas can change slightly from their base numbers depending on prior year's demand and usage.

You can monitor the H-1 cap by clicking this link:
http://www.uscis.gov/graphics/services/tempbenefits/cap.htm
 

	Cap	Beneficiaries Approved	Beneficiaries Pending	Beneficiary Target	Total	Date of Last Count
H-1B	58,200	6,033	28,775	61,000	34,808	5/12/2006
H-1B Advance Degree Exemption	20,000	1,392	3,246	21,000	4,638	5/12/2006