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USCIS announced late yesterday afternoon that it has received a sufficient number of H-1B petitions meet the congressionally mandated cap for fiscal year 2007 (FY 2007). The "final receipt date" for H-1B petitions subject to the FY 2007 annual cap was May 26, 2006. Affected H-1B petitions received on that date will be subject to a random selection process. H-1B petitions subject to the FY 2007 annual cap received by the USCIS after May 26th will be rejected.
Availability remains in the FY 2007 pool of 20,000 H-1B petitions set aside for foreign workers with a master's or higher degree from a U.S. academic institution. The latest data shows that, as of May 25, 2006, the USCIS received and/or processed 5,810 "Advanced degree" H-1B petitions.
Finally, employers should keep in mind that some H-1B petitions are not subject to the cap. These include 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.
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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