March 7, 2002

INS Releases H-1B Figures for the First Quarter of FY 2002

March 5, 2002 - The National Association of Manufacturers announced today that the Immigration and Naturalization Service (INS) reported that approximately 28,000 H-1B petitions had been approved against the 195,000 limit for FY 2002 during the first quarter of the current fiscal year, from October 1, 2001, to December 31, 2001. In addition to the petitions already approved, the INS has an estimated 18,000 pending petitions that may be counted against the H-1B cap. In total, the INS received a total of 54,000 petitions during the first quarter of FY 2002. The National Association of Manufacturers pointed out that not all pending petitions will ultimately count against the cap. For example, some petitions will denied while other petitions will be exempt from the cap (i.e. petitions approved for certain types of employers such as colleges, universities, and non-profit research organizations.). The number of H-1B petitions filed during the first quarter of this fiscal year is down by 58% in comparison to the 129,000 H-1B petitions received during the first quarter of FY 2002. This significant disparity is attributable, in part, to a fee increase by INS that took effect late in the calendar year as well as the economic downturn.

Despite these lower figures for the first fiscal quarter, many immigration experts agree that the number of H-1B petitions approved will be near the limit of 195,000.

For more information about employing foreign workers, please contact our Business Immigration Group at imminfo@gtlaw.com.