From the ISSS-BU News Update for 07 May 2007

Latest News About H-1B Visas and the "Cap Count"

US Citizenship and Immigration Services (USCIS) issued an announcement on May 4, 2007 that the H-1B Exemption Cap had been reached on Monday, April 30, 2007. The "exemption cap" is the 20,000 visas reserved for foreign nationals with Master's degrees or higher from a U.S. college or university. Thus, April 30 was the final receipt date for this category of H-1B applications. Those applications that were received on April 30, 2007 will be subject to a random selection process, similar to the process used in April to select applications to meet the congressionally mandated H-1B cap of 65,000.

U.S. businesses utilize the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

Thus H-1B applications for cap-subject positions, or for an exemption from the H-1B cap based on having a U.S. master's degree or higher, are no longer being accepted for fiscal year 2008 (October 1, 2007 - September 30, 2008). The earliest date to file an application for fiscal year 2009, which begins October 1, 2008, will be April 1, 2008.

USCIS will continue to accept applications from current H-1B workers who wish to change employers, extend their stay, change the terms of employment, or work concurrently in a second H-1B petition. USCIS will also accept applications from those seeking H-1B status who will be employed by US colleges or universities, a category that is exempt from any H-1B cap.

To read the May 4 USCIS announcement, visit:
http://www.uscis.gov/files/pressrelease/H1Bfy08CapUpdate050407.pdf