August 5, 2005

H-1B Cap Update

As of July 31, 2005, the U.S. Citizenship and Immigration Services provided figures of H-1B petitions received that indicate that there are still approximately 9,160 H-1B visa numbers available for a start date of October 1, 2005. There are also an additional 12,116 H-1B visa numbers available to foreign workers with an advanced U.S. degree. It is interesting to note that 9,850 visa numbers remain available for Fiscal Year 2005 for these U.S. advanced degree holders.

Although no one can say with any certainty when the number will be exhausted, GT estimates that the quota will be reached well in advance of the new fiscal year. We urge our clients and friends to carefully review their foreign nationals’ status and company staffing needs for the next year. Those organizations employing students on Optional Practical Training or L-1Bs reaching the end of their authorized period of stay should immediately consider the filing of an H-1B petition as appropriate.

If your organization would like assistance in preparing an H-1B petition for a potential employee please contact our office.