DOS on H-1B Visa Cap

From : Secretary of State, Washington DC

To : All diplomatic and consular posts priority, Special embassy program priority, American Embassy Bujumbura priority, American embassy Sarajevo priority

UNCLAS State 154180

Visas, Inform Consuls

E.O. 12958: N/A
Tags: CVIS

Subject: H-1B numerical cap reached

1) INS has informed VO that as of 13 Aug. 1997, it had approved 54,277 H-1B petitions. It expects that the numerical cap of 65,000 set by legislation will be reached in the next week. At that time, it will begin approving petitions with an effective date of 1 October 1997 (the beginning of the new fiscal year and a fresh start on the numerical cap).

2) 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 1 October 1997 should be refused under 221(g) until 21 Sept. 1997.

3) Posts may wish to publicize this guidance as necessary to avoid needless re-applications on the part of H-1B applicants.

4) Minimize considered.

Albright