May 3, 2006

Update on FY 2007 H-1B Usage; USCIS Delay in Entering I-129 Submissions

U.S. Citizenship and Immigration Services (USCIS) has provided an update on usage of H-1B numbers attributable to the Fiscal Year (FY) 2007 H-1B cap. Current immigration law contains a "cap" of 65,000 new H-1B approvals each fiscal year, of which 6,800 are set aside for the H-1B1 visa program under the U.S.-Chile and U.S.-Singapore Free Trade Agreements. In addition to the standard H-1B cap availability of 58,200, the H-1B Visa Reform Act of 2004 makes available 20,000 H-1B numbers for foreign workers with a master's or higher degree from a U.S. academic institution. FY 2007 begins on October 1, 2006.

Not subject to the cap are H-1B petitions for amendment or extension of status, including new employers, and requests for concurrent H-1B employment; petitions filed by exempt organizations, including institutions of higher education, nonprofit research organizations or entities related or affiliated with an institution of higher education, or a nonprofit research organization or governmental research organization; H-1B petitions for J-1 nonimmigrants who received a waiver of the two-year foreign residency requirement based on certain interested state or federal agency requests; and, H-1B petitions for beneficiaries counted against the cap within the preceding six years, unless the beneficiary is entitled to request a new six year period.

USCIS began accepting H-1B petitions for FY 2007 on April 1, 2006. As of April 24, 2006, updated FY 2007 H-1B cap-subject usage is as follows:

Furthermore, due to the implementation of the bi-specialization program, and the influx of new FY 2007 H-1B petitions, both of which began on April 1st, USCIS has experienced a delay in entering information on new case filings into their system. There has also been a delay in generating case receipt notices, and in mailing receipt notices to petitioners or their representatives. USCIS expects to eliminate the data entry backlog by mid-May. Cases not yet entered into the system are not counted in the calculation of H-1B usage to date. We expect the FY 2007 H-1B usage numbers to increase as the backlog of new case submissions is entered into the USCIS computer system.

Proskauer Rose LLP counsels corporate clients and their employees in all areas of immigration, nationality and consular law. This includes obtaining work authorizations and visas to enable companies to hire aliens or transfer personnel between nations; compliance with and defense of anti-discrimination and unlawful immigration practices; and advice and appearances in special circumstance matters such as asylum claims and removal proceedings. Much of the work involves obtaining appropriate non-immigrant or immigrant visas to enable corporations to transfer executives, managers, persons with specialized knowledge or other key personnel temporarily or permanently to the United States.

For more information contact: David Grunblatt

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