Immigration Law Advisory - FY 2006 H-1B Visa Cap Expected to be Reached Sooner than Last Year

Industry sources report that the fiscal year 2006 H-1B visa cap is expected to be met in record time since filings began April 1, 2005 for employment start dates of October 1, 2005 , the first day of fiscal year 2006.  H-1B visa petitions can be filed no more than six months prior to the date the employee will begin working for the petitioner.  We strongly encourage employers to assess their staffing needs for the upcoming year now and file H-1B visa petitions before June 2005 for employment start dates of October through December 2005 in order to beat the Congressionally mandated 65,000 H-1B visa cap. 

Historically, the US Citizenship and Immigration Services (“USCIS”) has not kept the business community informed of the possible premature closure of visa acceptance.  The current uncertainty regarding the availability of the additional 20,000 visas approved by Congress in December 2004 for foreign graduates of US colleges or universities who have attained a Master’s degree or higher has forced employers to file increased numbers of petitions for foreign workers for FY 2006.  USCIS has also reported that it miscounted FY 2005 H1-B visa allocations and, therefore, additional visa numbers might be deducted from the 20,000 additional H-1B visas in question. 

In conclusion, employers who want or need to hire talented and skilled foreign workers should plan ahead and file H-1B visa petitions early to increase their chances of approval before the 2006 cap is reached.

For additional information, please contact Lynda Zengerle (lzengerle@steptoe.com) or Joan Claxton ( jclaxton@steptoe.com).