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08/08/2005 IMMIGRATION ALERT:
H(1)b CAP UPDATE
The USCIS has published a chart that lists the
number of nonimmigrant visas used and available for a number of
nonimmigrant visas, including the H-1(b) visa for FY 2005, the
H-1(b) Advanced degree exemptions for both FY2005 and 2006, and
several H-2B visa quotas. The relevant US fiscal years are FY 2005
(October 1, 2004 - September 30, 2005) and FY 2006 (October 1, 2005
- September 30, 2006).
HLG clients should take particular note of the H-1(b) FY 2006 quota.
Fewer than 10,000 FY 2006 H-1(b) visas are available for filing.
Accordingly, all HLG clients who have plans to hire FY 2006 H-1(b)
workers ought to immediately plan on filing their cases, or else
they will be shut out from H-1(b) visas until October 1, 2006,
unless their new H-1(b) workers meet the H-1(b) Advanced degree
exemption. This exemption allows foreign nationals who hold US
Masters degrees (or higher) to qualify for a special quota of
20,000.
The quotas only apply to new H-1(b) cases, such as those hires who
have just graduated from university (and may be on Optional
Practical Training), off-shore hires, or those changing from another
nonimmigrant status, such as B1/B2, L-1, or TN. Employees who are
extending their H-1(b) visas or changing from one company to another
are not impacted by the quota.
The USCIS' chart can be viewed here:
http://uscis.gov/graphics/services/tempbenefits/cap.htm
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Immigration Alerts, Medical Monthly Monitor and Business Immigration
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