USCIS has posted an update with regard to the H-1B numerical cap for H-1B
U.S. master's degree or higher petitions, indicating that a total of 16,987
petitions have been received toward the cap of 20,000, as of April 16, 2007.
Accordingly, USCIS is still accepting new H-1B petitions filed on behalf of
beneficiaries with U.S. earned master's or higher degrees. USCIS will make an
announcement regarding the final receipt date for these petitions once the
remaining 3,013 petitions are received. To monitor the ongoing H-1B cap count,
you may access USCIS' online site at: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=138b6138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1RCRD.
In addition, on April 19, 2007, USCIS posted a clarification regarding
receipt issuance and adjudication of H-1B petitions under the regular cap. Any
receipt issued for an H-1B cap case prior to April 12, 2007,
did not serve as indication that the case was accepted for the fiscal
year 2008 numerical cap. Conversely, any receipt or approval notice issued after
April 12, 2007, should be a valid indication that the case
was selected for processing. A more detailed explanation of USCIS' missteps and
subsequent adjustments in procedure may be found online at: http://www.uscis.gov/files/pressrelease/H1Bfy08CapUpdate041907.pdf.
We will provide additional
updates as the processing of FY 2008 H-1B cap cases
continues.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.
This News Flash is a service to our clients and friends. It is
designed only to give general information on the developments actually covered.
It is not intended to be a comprehensive summary of recent developments in the
law, treat exhaustively the subjects covered, provide legal advice or render a
legal opinion.
