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H-1B VISAS MAY RUN OUT BY END OF AUGUST 1997 
The American Immigration Lawyers Association reports that the H-1B visa category, which has an annual cap of 65,000, was nearing the limit with more than two months to go before the next fiscal year begins. As of July 19, 1997, 57,258 visas had been issued, according to AILA. The INS is estimating that the cap will be met sometime between August 15 and August 31st. Last year, the INS drastically reduced its count of H-1B visas after it was revealed that persons who had changed jobs or applied for extensions were being counted as new applications. The INS told AILA that this year, no overcount has been made. However, some confusion remains over whether the count has been done properly. At the AILA Board of Governors meeting in San Francisco on August 1st, a leading AILA member reported that INS sources informed him that a different counting method was being used and the cap may not, in fact be hit. What did become clear at the meeting was that the INS does not have an accurate system for determining the exact number of new H-1B visa holders each year and that it is becoming increasingly likely that litigation will be instituted in order to clear up the question.
In the mean time, the INS has not yet stated how it will deal with applications pending when the cap is reached. Nevertheless, those seeking H-1B visas should expect significant delays over the next several months. 
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