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NON-IMMIGRANT
    E-2 Visa (Treaty Investors)
    L-1 Visa (Intra-company Managers)
    H-1 Visa (Speciality Occupation)
    H-2B Visa
    J-1 Visa (Exchange Scholars)
    O-1 Visa (Extraordinary Ability)
    K-1 Visa (Fiance)

IMMIGRANT
   EB-1 (Extraordinary Ability/Outstanding Researcher/Professors)
    EB-1 (Managers)
    EB-2
    EB-5 Investor Immigration Resource Center **new**
    National Interest Waiver
    Labor Certification - PERM
    Schedule A Position - Physical Therapist
    Religious Immigration
& R-Visa
    Naturalization
    Family Based Immigration

DACA, ASYLUM & DEPORTATION
    DACA - Deferred Action EAD for Dreamers**new**
    Asylum
    Asylum Frequently Asked Questions

DETENTION, BONDING & REMOVAL
    Immigration Detention
    Bond Hearing With Immigration Court
    Immigration Bond
    Posting Bond and Condition of Release from Detention
    Removal Proceeding
    Expedited Removal
    Why Lin & Valdez LLP

www.immiweb.com
Practice Note
 
H-1 CAP PROBLEM ARISES: CURRENT CAP COUNT FOR NON-IMMIGRANT WORKER VISAS

The USCIS on August 4, 2005 released the following current cap count for non-immigrant worker visas.  As shown by this count, the H-1 cap for 2006 has reached 51,939, which is already very close to the 58,200 available annual cap (the 65,000 cap was reduced by 6,800 set aside for Chile and Singapore nationals).  Readers wanting to apply for H-1B subject to the 2006 cap has to act immediately.

 

H-1B
(FY 06)

H-1B Advance Degree Exemption (FY 05)

H-1B Advance Degree Exemption
(FY 06)

H-2B
(FY 05)*

H-2B 1st Half
(FY 06)

H-2B
2nd Half
(FY 06)

Cap

58,200**

20,000

20,000

35,000

33,000

33,000

Cases Approved

22,383

9,557

4,212

12,814

382

--

Cases Pending

29,556

822

4,000

3,870

7

--

Total

51,939

10,379

8,212

16,684

389

--

Date of Last Count

8/4/2005

8/3/2005

8/4/2005

7/25/2005

7/25/2005

--

*The 35K is an add-on to the normal FY05 cap of 65K, which was reached before the end of FY05. **6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreements and to the extent unused can first be made available for general use on October 1, 2006, the start of FY 2007.

H-1B

Established by the Immigration Act of 1990 (IMMACT), the H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H-1B visa program is utilized by some U.S. businesses and other organizations to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The current annual cap on the H-1B category is 65,000.

H-1B Advance Degree Exemption

The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The Act also makes available 20,000 new H-1B visas for foreign workers with a masters or higher level degree from a U.S. academic institution.

H-2B

The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.

On May 25, 2005, U.S. Citizenship and Immigration Services (USCIS) began accepting additional petitions for H-2B workers as required by the Save Our Small and Seasonal Businesses Act of 2005 (SOS Act). The SOS Act allowed USCIS to accept filings beginning May 25, 2005 for two types of H-2B workers seeking work start dates as early as immediately:

1. For FY 2005: Approximately 35,000 workers, who are new H-2B workers or who are not certified as returning workers as set forth below, seeking work start dates before October 1, 2005

2. For FY 2005 and 2006: All returning workers,?meaning workers who counted against the H-2B annual numerical limit of 66,000 during any one of the three fiscal years preceding the fiscal year of the requested start date. This means:

    • In a petition for a work start date before October 1, 2005 (FY 2005), the worker must have been previously approved for an H-2B work start date between October 1, 2001 and September 30, 2004.
    • In a petition for a work start date on or after October 1, 2005 (FY 2006), the worker must have been previously approved for an H-2B work start date between October 1, 2002 and September 30, 2005.

If a petition was approved only for extension of stay in H-2B status, or only for change or addition of employers or terms of employment, the worker was not counted against the numerical limit at that time and, therefore, that particular approval cannot in itself result in the worker being considered a returning worker in a new petition. Any worker not certified as a returning worker will be subject to the numerical limitation for the relevant fiscal year.


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