H-1 B CAP UPDATE

  The Immigration and Naturalization Service (INS) reports that, as of July 25, 2001, approximately 138,000 H-1B workers had been approved against the 195,000 limit for FY 2001, which ends on September 30, 2001. In addition to the petitions already approved, INS has an estimated 39,000 pending petitions that may be counted against the H-1B cap. Not all pending petitions will ultimately count against the cap. Some petitions are denied, and some petitions are exempt from the cap, such as petitions approved for certain types of employers: for example, colleges, universities and non-profit research organizations. On October 17, 2000, the American Competitiveness in the Twenty-First Century Act was signed into law increasing the yearly number of available H-1B visas to 195,000 for fiscal years 2001, 2002 and 2003, after which time the cap reverts back to 65,000. Thus, it is imperative to apply for H-1B's before the limit is reached for that particular fiscal year.