DOS Cable on H-1B Cap Reached for FY1998
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
BUJUMBURA POUCH
UNCLAS STATE 086700
Visas
E.O. 12958: N/A
TAGS: OVIS, CMGT
Subject: INS Announces H-1B Visa Cap Reached for FY 1998
Ref: a) INS 5/8/98 Press Release B) 97 State 145180
1. INS announced May 8 that it would stop accepting H-1B visa petitions for fiscal year 1998 employment of H-1B workers beginning Monday, May 11, 1998. INS has determined the 65,000 annual cap on the H-1B visa category has been reached.
2. INS will implement the following procedures for the remainder of FY 1998 unless legislation is enacted to raise the numerical limit prior to the end of FY 1998. All initial employment petitions for H-1B workers for FY `98 that are received on or after May 11 will be returned to the petitioners. INS will advise petitioners that they may resubmit their petition at any time, and request employment beginning on or after October 1, 1998, when H-1B visas for FY 1999 become available. H-1B petitions requesting initial employment beginning on or after October 1, 1998 will be processed as received by INS, and counted against the 65,000 cap for FY 1999.
3. Aliens already in H-1B status are not affected by the cap. For such cases, INS will continue to accept applications for extensions of stay or to amend the terms of employment, as well as petitions for current H-1B workers filed by new employers. VO/P/D will continue to accept revalidation applications from applicants who are already present in H-1B status.
4. As outlined Ref B, an applicant may enter the United States up to ten days before the effective date of his or her petition but may not work until the effective date. Therefore, any application for an H-1B visa based on a petition with an effective date of 01 October 1998 should be refused under 221(g) until 21 September 1998. v 5. Congress is currently considering legislation that would raise the H- 1B cap, and may take action to raise the 65,000 ceiling within this fiscal year, thereby allowing ins to resume FY 1998 H-1B approvals. The Department will keep the field informed of any legislative action taken that would affect the H-1B visa category.
Albright