From the January 23, 2006 Edition Of ISSS-BU News
H-1B Advanced Degree Exemption Cap Reached for Current Fiscal Year
U.S. Citizenship and Immigration Services (USCIS) announced on January 18, 2006 that
as of January 17, 2006, it will no longer accept applications for H-1B advanced degree
petitions for the 2006 Federal Fiscal Year, which ends September 30, 2006. The official
USCIS announcement may be viewed at:
The USCIS cap count chart is available at:
H-1B advance-degree petitions received on January 17, 2006 will be subject to a computer-generated random selection process. H-1B advance-degree petitions received after January 17, 2006 will be rejected and returned, unless the petitioner is exempt from the cap requirement.
Petitioners may re-submit their petitions when H-1B visas become available for fiscal year 2007, which runs from October 1, 2006 to September 30, 2007. The earliest date for which a petitioner may file a petition requesting fiscal year 2007 H-1B employment with an employment start date of October 1, 2006 is April 1, 2006.
Petitions for current H-1B workers do not count towards the H-1B cap. Also, petitions for new H-1B employment are exempt from the annual cap if the applicant will be employed at an institution of higher education, or a related or affiliated non-profit entity, or is at a nonprofit research organization or a governmental research organization.
The overall cap is set at 65,000 visa numbers, though 6800 numbers are set aside each fiscal year to accommodate H-1B visas granted under the U.S.-Chile and U.S.-Singapore Free Trade Agreements, effectively reducing the overall H-1B cap to 58,200.