April 8, 2008

H-1B Cap Reached for Fiscal Year 2009

The United States Citizenship and Immigration Services (“USCIS”) announced on April 8, 2008 that the H-1B cap has been reached for fiscal year (FY) 2009. USCIS has also received over 20,000 cases filed on behalf of foreign nationals who hold advanced degrees from U.S. universities. USCIS further stated that the Agency will utilize a random computer selection process to determine which petitions will be accepted by USCIS under the 65,000 annual cap on H-1B petitions once the Agency has had the opportunity to complete initial data entry for all filings received during the filing period.

Due to the fact that the cap was reached so quickly for the second year in a row, many are suggesting again that Congress increase the number of available H-1B visas. H-1B visas are skilled worker visas, and require the foreign national to possess at least the U.S. equivalent of a Bachelor’s degree. Many companies in the United States depend on skilled foreign workers in order meet their critical business needs. We encourage both individuals and employers to contact their Congressional representatives to tell them how the H-1B cap limitations are harmful to U.S. businesses and negatively impacting the U.S. economy.

Many persons are understandably confused about the cap and what it may mean for them if they are not chosen in the random selection process. We recommend that you consult with your GT attorney who can assess your individual facts to determine your immigration options.