H1 cap

[guest]

Does any body hear about H1 cap?
Could you plaese explain what does that mean.

[TheVisaExpert]

The word “Cap” refers to annual numerical limitations set by Congress on the numbers of workers authorized to be admitted on different types of visas or authorized to change status if already in the United States. Basically, the H-1B cap means that the 65,000 slot available for the next fiscal year (October 1, 2006 - October 1, 2007) have all been filled.

The H-1B visa program is utilized by some U.S. employers 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 cap actually reached this year on May 26th, which is record-breaking time! Now foreign nationals that were not able to obtain an H-1B are desperately seeking alternatives. The USCIS will begin receiving applications again for fiscal year 2007 next April.

On May 25, 2006, the U.S. Senate passed its comprehensive immigration reform bill. In addition to the highly publicized guest worker and legalization provisions, the bill would increase the H-1B cap to 115,000. Since the House of Representatives is backing immigration bills that are dissimilar, Congress members of each house must meet and agree on a single, compromise bill. If a compromise is reached, the conference bill must then be passed by both the Senate and the House. This process may take a number of months. Let's all keep our fingers crossed that the law passes!

[anatolyk]

This is an excellent description.

I just wanted to add that some programs are not subject of visa cap. Usually cap is reached by July-August. You will start your process in March after successful match, so most likely you won'y be affected.

[drb]

I heard that most of the hospitals don't come under the H1 cap. How far is it true?

[TheVisaExpert]

H-1B cap exemptions mostly applies for those employed or seeking employment at an institution of higher education, a related or affiliated non-profit entity, nonprofit research organization, or a governmental research organization. If the hospital is a nonprofit hospital then it would probably qualify for the exemption.

In addition to theses types of exemptions, the USCIS was instructed to set aside 20,000 numbers to aliens who are U.S. graduates with advanced degrees (such as MD, MBA, JD and Ph.D., etc.) on an annual basis. However, the 20,000 set aside for the current fiscal year been reached already.

[drb]

I heard that anyone who is a part of the H1 cap is authorized to work in the US only from Oct 1. In that case no resident can actually be part of the cap as he/she is supposed to report by July 1. Please clarify.

[TheVisaExpert]

Fiscal year 2007 begins this October 1st. Fiscal year 2008 begins October 1, 2007, which applications to be accepted April 1, 2007. If you are starting your residency program on July 1, 2007 at a hospital that does not fall under the exemption, you will not be able to start on time, unless of course you filed this year for a start date of July 1, 2007. Perhaps the hospital will allow for the alternate J-1 visa to be used?