Fiscal Year 2008 (FY2008) H-1B Caps: How Long until All H-1B Visas are Used up?

• CIS official states that CIS is preparing for the possibility that all FY2008 visas may be used up on April 1, 2007, the very first day you can file for them!
• Review of past years (FY2004-FY2007) shows historical basis for CIS official's concern about rapid depletion of the H-1B quota this year.
• Steps you can take to help ensure you receive an H-1B visa number this year.

(Editor's Note: An update of this general information can be found on our Historical Overview of H-1B Caps Page.)

CIS official states that CIS is preparing for the possibility that all FY2008 visas may be used up on April 1, 2007, the very first day they are available!

"We are preparing for the possibility that the cap could be met on the first day," Michael Aytes, Associate Director of the USCIS Domestic Operations Directorate of the U.S. Citizenship and Immigration Services (CIS) in Washington, DC.

Mr. Aytes made his comments on Friday, March 2, while speaking at the Northwest Regional Immigration Conference in Portland, Oregon. Although Mr. Aytes said CIS was unable to predict exactly when the H-1B quotas would be met this year, CIS officials are preparing for the possibility that all available H-1B visa numbers for this year might be used up on the very first day, which is April 1, 2007. Mr. Aytes stated that on whichever day the visa quota is met, CIS would use a lottery system to determine which petitions received on that day would be approved and which petitions would be returned without approval.

Review of past years (FY2004-FY2007) shows historical basis for CIS concern about rapid depletion of the H-1B quota this year.

To help our clients and friends around the world determine how long the visa numbers will last this year, we reviewed historical data. As can be seen from the graph below, the trend is not pretty. Using historical data and mathematical extrapolation (logarithmic regression, R²=0.9992), we found that the regular H-1B visa quota of 65,000 is likely to be met in less than 2 weeks. From a purely "numbers" perspective, the door for these Fiscal Year 2008 H-1B visa numbers will open on April 1 and likely close on April 13.

The graph below shows the same mathematical extrapolation with respect to the "U.S. Advanced Degree" H-1B cap of 20,000 visa numbers for Fiscal Year 2008.

Steps you can take to help ensure you receive an H-1B visa number this year.

For the reasons discussed above, we are as concerned as the CIS is about how fast the 1B visa numbers will be used up this year. If you hope to obtain an H-1B visa this year, it is critical to start early. Waiting until April 1 to get started will likely be too late.  If you miss the Fiscal Year 2008 H-1B quota, the next time non-exempt H-1B visas will become available (absent Congress changing the law) will be April 1, 2008 for a start date of October 1, 2008. That means you (or your employee) will not be able to work until October 1, 2008 unless you (or your employee) are eligible for some other type of work visa.

Steps you can take to help ensure you can obtain an H-1B visa number this year include:

• Whether you are an potential H-1B employer or a potential H-1B employee, make a decision about whether you want to go forward with a particular employer or employee.
• If you are going to hire an attorney to assist you with your H-1B petition, you should do so ASAP.

If you would like Peng & Weber to assist you, you should contact us ASAP.