On January 18, 2006, the U.S. Citizenship and Immigration Services (USCIS) reached its maximum H-1B petitions for the foreign workers with a U.S.- earned master’s or higher degree.  The number of aliens exempted from the H-1B cap cannot be more than 20,000 petitions. The final receipt date was January 17, 2006.

 The following are procedures that the USCIS will follow for these workers who have submitted their petitions by January 17, 2006:

·         For petitions received on the “final receipt date,” USCIS will apply computer-generated random selection process. This process will randomly select the exact number of petitions from the day’s receipts needed to meet the congressionally mandated cap exemption of 20,000.

·         After random selection, any remaining H-1B petitions for foreign workers with a U.S.-earned master’s or higher degree that do not receive an FY 2006 number and are not otherwise exempt will be rejected and returned along with the filing fee(s).

·         Petitioners may re-submit their petitions when H-1B visas become available for FY 2007.

·         The earliest date for which a petitioner may file a petition requesting FY 2007 H-1B employment with an employment start date of October 1, 2006 is April 1, 2006.

According to a press release from USCIS, petitions for current H-1B workers do not count toward the congressionally mandated H-1B cap.  USICS will continue to process petitions filed to do the following:

• Extend the amount of time a current H-1B worker may remain in the U.S.
• Change the terms of employment for current H-1B workers.
• Allow current H-1B workers to change employers.
• Allow current H-1B workers to work concurrently in a second H-1B position

The H-1B visa program is used by U.S. businesses to employ foreign workers in specialty occupations that require the employee to be trained or have technical expertise in a specialized field.