INS Statement on Reaching H-1B Cap for FY2000
STATEMENT
07/20/00
The Immigration and Naturalization Service (INS) today announced that all H-1B cap case processing has been completed for Fiscal Year (FY) 2000. As of July 20, 2000 the INS approved 113,000 H-1B petitions, the total number available under the program for FY 2000.
On March 21, 2000, INS announced in the Federal Register that it would stop accepting H-1B visa petitions for FY00 because there was a sufficient number of petitions pending to reach the 115,000 cap. Since that time INS has processed the pending petitions and has recorded 115,000 approved petitions against the cap for this year.
In August, INS will begin processing petitions for H-1B workers whose employment will start in FY 2001, on or after October 1stunder current law the cap for the next fiscal year is set at 107,500.
-INS
INTERNAL QUESTIONS AND ANSWERS
H-1B Cap Being Reached
Q1: Did INS complete processing of ail pending petitions for FY 2000?
No. INS processed petitions that were complete and filed as of March 17, 2000.
Q2: What happens to H-1B petitions that were filed before March 21, but are still pending?
The H-18 petitions that are currently pending at the four Service Centers will be adjudicated in the order of receipt. If a petition is pending when the FY2000 cap is reached, the Service will not reject it. The Service will proceed to adjudicate the petition based on a presumption that the employer will accept October 1, 2000, as the date from which the approved petition is valid and the first date on which thealien may begin employment as an H-1B worker. These petitions will be adjudicated in theorder of receipt and recorded against the FY 2001 cap of 107, 500.
Q3: What should a petitioner do if the October 1,2000, start date is not acceptable?
The petitioner should notify the Service in writing that it wishes to withdraw the petition. The withdrawal request should specifically state the petitioner's wish to have the case withdrawn and include the receipt number of the case, the company name and the name of the beneficiary. The withdrawal request should be sent via facsimile to the Immigration and Naturalization Service, Immigration Services Division. H-1B Withdrawal Section, Washington, DC, fax number. 202-514-2093.
Q4: Will the Service refund the filing fee if a petition is withdrawn?
No. Based on published regulations, the Service cannot refund the filing fee.
Q5: Will the duration of status for certain F and J nonimmigrants be extended?
Yes. Any student (F nonimmigrant) or exchange visitor (J nonimmigrant) whose employer has filed a timely petition for change of nonimmigrant status to that of an H-1B nonimmigrant will have his or her duration of status extended either until October 1, 2000 or the date the Service adjudicates the request to change status, whichever is later. This provision also applies to the dependents of the affected F and J nonimmigrants. An F or J nonimmigrant whose duration of status has been extended under this provision may not work. He or she may, however, accept a signing bonus.
Q6: How is INS processing petitions that are not counted against the cap?
INS has continued to process FY 2000 non-cap petitions and will continue to do so for the remainder of FY 2000.
Q7: When can a new H-1B petition be filed?
An H-1B petition can be filed 6 months prior to the proposed start date of employment. Therefore, the earliest a new petition for employment in FY2001 (with a proposed start date of October 1, 2000) may be filed is April 1, 2000.
Q8: When will INS begin processing for FY 2001?
INS expects to begin processing FY 2001 petitions in August.
Q9: How many H-1B cap cases are pending?
There are currently 29,500 petitions pending with the INS, and those approved will be recorded against the FY 2001 cap of 107,500.