USCIS Updates FY 2007 H-1B Usage Figures

April 12, 2006

The U.S. Citizenship and Immigration Services (“USCIS”) recently updated the current cap count for H-1B nonimmigrant worker visas for the 2007 fiscal year (“FY 2007”). As of April 3, 2006, the USCIS had counted more than 1,600 cases against the annual cap. Please note that, although the cap provides for 65,000 H-1B visas per fiscal year, 6,800 of these visas are set aside for the H-1B1 visas pursuant to the terms of the US-Chile and US-Singapore Free Trade Agreements. Although the USCIS will update these figures periodically, we strongly advise employers and employees to file new H-1B petitions as soon as possible.

Please note that the following are not subject to the cap:

Extend the amount of time a current H-1B worker may remain in the United States;
Change the terms of employment for current H-1B workers;
Allow current H-1B workers to change employers; and
Allow current H-1B workers to work concurrently in a second H-1B position.

The CIS will also continue to accept petitions for new H-1B employment where the petitioner/employer is not subject to the annual cap. To qualify as a “cap exempt” petitioner, the employer must be: (i) an institution of higher education or a related or affiliated nonprofit entity; (ii) a nonprofit research organization; or (iii) a governmental research organization.

Please contact any member of the Cohen & Grigsby Immigration Department if you have any questions regarding the above or need assistance contacting your local Senator.