4/11/2006

1. What is a “Cap”?

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.

2. 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.

3. 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 master’s or higher level degree from a U.S. academic institution.

	Cap	Beneficiaries Approved	Beneficiaries Pending	Beneficiary Target 1	Total	Date of Last Count
H-1B	58,200 2	76	1,555	61,000	1,631	4/3/2006
H-1B Advance Degree Exemption	20,000	9	331	21,000	340	4/3/2006
H-1B (FY 06)	58,200	------	------	------	Cap Reached	8/10/2005
H-1B Advance Degree Exemption (FY 06)	20,000	------	------	------	Cap Reached	1/17/2006

¹ Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.
² 6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement. Unused numbers in this pool can first be made available for general use on October 1, 2006, the start of FY 2007.

4. H-1B1

An H-1B1 is a national of Chile or Singapore coming to the Unites States to work temporarily in a specialty occupation. The law defines specialty occupation as a job that requires a bachelor’s degree or higher. The beneficiary must have a bachelor’s degree relating to the job offer. Through January 2006, 179 H-1B1s counted against FY06 cap. The combined statutory limit is 6,800 per year.