INS Releases FY2000 H-1B Numbers

In summer 1999, the Immigration and Naturalization Service (INS) discovered that there were discrepancies in the number of petitions recorded against the fiscal year (FY) 1999 cap. On November 10, 1999, INS contracted with the consulting firm of KPMG Peat Marwick to review the counting methodology and system performance for FY 1999. This review complements preliminary agency efforts to determine the amount of the H-1B discrepancy in FY 1999, identify the systems problems that led to the discrepancy, and recommend corrective actions.

While the review is ongoing, INS continues to adjudicate FY 2000 H-1B petitions. As of February 15, 2000, the INS has recorded approximately 67,000 H-1B approvals against the FY 2000 cap of 115,000. As of the same date, there were approximately 44,000 H-1B petitions pending. Until INS adjudicates these petitions, the agency is unable to indicate how many of the pending petitions will be approved and subject to the cap. The American Competitiveness and Workforce Improvement Act of 1998 temporarily raised the number of H-1B visas available annually from 65,000 to 115,000 for fiscal years 1999 and 2000, and from 65,000 to 107,500 for FY 2001 before returning to 65,000 in FY 2002.

Once INS determines when the FY 2000 cap of 115,000 will be reached, the agency intends to follow the notification procedures it established last year. These include publishing a notice in the Federal Register to inform employers about the orderly process for handling H-1B petitions currently on file with INS and petitions received after the limit has been reached.