H-1B Cap for Graduates of U.S. Advanced Degree Programs Has Been Reached

On July 28, 2006, U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B cap for individuals who have earned an advanced degree (e.g. Master’s or higher) from a U.S. college or university has been reached. For fiscal year 2007, the regular H-1B cap of 65,000 H-1B visas for professionals possessing the minimum of a baccalaureate degree was filled on May 26, 2006. The 20,000 additional H-1B visas reserved for individuals holding advanced degrees from U.S. institutions are now unavailable as well. H-1B visas are still available for citizens of Chile and Singapore, and E-3 visas are available for degreed professionals from Australia.

Unless Congress passes legislation that increases the H-1B cap for FY2007, the earliest employers will be able to petition for a new H-1B visa would be October 1, 2007. These petitions can be filed with USCIS as early as April 1, 2007, and we do encourage employers to file early to ensure that a non-immigrant visa will be available at the start of the 2008 fiscal year.