H-1B Visas Have Reached Annual Limit Until October 2006

The H-1B Cap Has Been Reached for Non Exempt Categories: Now What?

The H-1B annual limit or cap for the period October 1, 2005 through September 30, 2006 (the government's Fiscal Year 2006) was officially reached on August 10, 2005 --52 days in advance of the beginning of the actual fiscal year.  According to the U.S. Citizenship and Immigration Services (USCIS) press release, all H-1B petitions received on or before August 9, 2005 will be accepted under the FY 2006 cap.  A petition received on August 10, 2005 will be assigned a random lottery number to determine if it will be accepted within the 2006 cap.  If not, the petition will be returned with the filing fee.  While additional visas from the leftover Singapore/Chile allocation will become available on October 1, 2005, no procedure has been established for obtaining those visas.