H-1B “Cap” Reached April 3, 2007

The Immigration Service (USCIS) announced yesterday that it had received enough H-1B petitions to meet the congressionally mandated cap on non-US Master’s Degree holders for fiscal year 2008 (FY 2008). These petitions are for employment to begin on October 1, 2007. USCIS will use a random selection process for all cap-subject filings received on April 2, 2007 and April 3, 2007. USCIS will reject and return along with filing fee(s) all petitions received on those days that are not randomly selected, as well as all cases received after April 3, 2007.

USCIS must perform initial data entry for all filings received on April 2 and April 3 prior to conducting the random selection process. As they received over 150,000 petitions, the Service is stating that it will take several weeks to conduct the random selection.

The Immigration Service does not yet know how many of the Advanced Degree petitions it has received. The 20,000 Advance Degree H-1Bs may already be exhausted too; however Immigration will make a future announcement regarding the “final receipt date” for these petitions. If they are not already used up, they will be shortly.

Immigration will continue to process the following types of H-1B Petitions:

  • Extensions of stay for current H-1B workers.
  • Changes in the terms or conditions of employment for current H-1B workers.
  • Transfers of current H-1B workers to new employers.
  • Petitions for concurrent employment of H-1B workers.
  • Petitions for new employment by cap-exempt employers.