20,000 H-1B Exemption Cap Runs out

On January 18, 2006, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough H-1B petitions that qualify for the exemption from the H-1B numerical limitations for foreign workers with a U.S.-earned master's or higher degree (the number on this basis may not exceed 20,000 per fiscal year).

Consequently, USCIS has determined that the "final receipt date" for these 20,000 cap-exempt H-1B petitions is January 17, 2006. Petitions received on January 17 th are subject to the random selection process. USCIS will reject petitions requesting a foreign worker with a U.S.-earned master's or higher degree that are received after the "final receipt date" unless the petitioner or beneficiary is eligible for a separate cap exemption.

For those who were unable to apply for H-1B visa this time, the earliest date to file a petition requesting FY 2007 H-1B employment with an employment start date of October 1, 2006, is April 1, 2006.

(01/18/2006)

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