Posted: 05/17/2006

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.



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




Current Cap Count for Non-Immigrant Worker Visas

H-1B
Cap ------- 58,200
Approved -- 6,033
Pending --- 28,775
Total------ 34,808
As of ----- 5/12/2006

H-1B Advance Degree Exemption
Cap ------- 20,000
Approved -- 1,392
Pending --- 3,246
Total------ 4,638
As of ----- 5/12/2006



Source: http://www.uscis.gov/graphics/services/tempbenefits/cap.htm