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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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