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.