H1B Numbers Still Available : AILA June 2005 Conference Update
Posted Jul 01, 2005
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H1B cap numbers are still available for all eligible H1B cases for fiscal year (FY) 2006 and also under the 20,000 quota available for those with U.S. masters' degrees or higher in FY2005 and beyond. This, as well as information on various other important immigration issues, was shared at the American Immigration Lawyers Association (AILA) annual conference held June 22-25, 2005 in Salt Lake City, Utah. Various senior government officials from the USCIS, the U.S. Department of Labor, the U.S. Department of State, ICE, CBP, and other relevant agencies, attended and spoke at this conference. Some attorneys from The Law Office of Sheela Murthy, P.C. attended this conference to learn and share new information with our MurthyDotCom  and MurthyBulletin readers.
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What Does this H1B Update Signify?
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As our regular readers know, FY2006 starts October 1, 2005. It is possible to file H1B cases six months in advance of the start date. Thus, these filings were possible as of April 1, 2005 with a start date of October 1, 2005.
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Additionally, there remain H1B cap numbers available for FY2005 for those employees with U.S. masters' degrees or above. Anyone eligible for a FY2005 number can request an immediate start date, before September 30, 2005, rather than one that begins on or after October 1, 2005.
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FY2006 : 27,300 H1B Cases Filed
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Specifically, the USCIS revealed that 27,300 H1B cases had been filed against the FY2006 cap. As mentioned above, these filings became possible on April 1, 2005 and will have starting validity dates of October 1, 2005 or after. In FY2005, the H1B cap was reached on the first day of the fiscal year, October 1, 2004, due to the number of filings made during the six months preceding that date. It is hard to estimate when the cap will be reached during FY2006. Rather than trying to make predictions, it is best to simply file any eligible case as soon as possible to avoid missing out on the upcoming FY cap.
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FY2005 20,000 Exemptions : 8,300 H1Bs Filed
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The USCIS also stated that they have received approximately 8,300 cases filed against the FY2005 additional 20,000 cap exemptions for people with U.S. masters' degrees or above. These exemptions were authorized as part of the H1B Visa Reform Act of 2004. Therefore, over half of these exemptions remain available for potential employees with the proper educational credentials.
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We note that it is not necessary for the job to require the master's degree, only that the individual possess the degree. As indicated above, since these cases are for FY2005, they can be approved with immediate start dates, so that individuals potentially could begin working earlier than if their cases were filed under the FY2006 cap.
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Conclusion
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We appreciate the USCIS updating us on this important topic. The availability of H1B cap numbers is an issue that results in many questions and a great deal of uncertainty. It is helpful to us, our clients, and our MurthyDotCom and MurthyBulletin readers, to have the latest case count. We do note that there is no publicly available, day-to-day or week-by-week H1B cap filing count. The USCIS issues the information periodically. We share this useful and timely information with our MurthyDotCom and MurthyBulletin readers as and when it becomes available.