H-1B CAP REACHED FOR EMPLOYMENT START DATE OCTOBER 1ST, 2005

The USCIS announced that, based on projections, it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2006. They have issued a "final receipt date" for August 10th, 2005. Regular petitions filed on or after the final receipt date that were not assigned a FY 2006 receipt number were rejected and returned to the applicants, along with the filing fees.

New H-1B petitions can be filed on April 1st, 2006 for an employment start date of October 1st, 2006 under the FY 2007 H-1B allotment.

The H-1B "final receipt date" of August 10th, 2005 does not apply to the following:
Current H-1B workers seeking to file a petition for an extension, change of employment, or concurrent employment.
Exempt Petitions for alien beneficiarys with a U.S. earned master's or higher degree, or alien beneficiarys for employment in non-profit entities such as institutions of higher education or research organizations.
Other H-1B petitions set aside under the terms of the US-Chile and US-Singapore Free Trade Agreements.

H-2B CAP FOR REACHED FOR SECOND HALF OF FISCAL YEAR 2006

The USCIS has announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the final six months of fiscal year 2006 (FY2006). April 4th, 2006 is the final receipt date for new H-2B worker petitions requesting an employment start date prior to October 1st, 2006. Applications received after the final receipt date will be rejected.

Petitions for current and "returning" H-2B workers do not count towards the cap.