Posted On: December 4, 2007 by James M. Tyler

H-1B, H-2 and H-3 Visa Cap Count Announced by USCIS as of December 4, 2007

As of December 4, 2007, the USCIS released the latest numbers on the various caps associated with H-1B visas, H-2B visas and H-3 visas.

It was no news to most that the H-1B cap of 65,000 was reached on April 2, 2007 (also the very first day such petitions could be filed) and that the cap of an additional 20,000 H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution was reached on April 30, 2007. Other than those eligible for H-1B visas because they will work for cap-exempt U.S. employers, cap-subject prospective H-1B employees will have to wait until the next fiscal year.

H-1B visas are available to certain highly skilled temporary workers who have a bachelor’s degree or higher (or its equivalent) in a specific specialty such as architects, engineers, computer programmers, accountants, doctors and college professors.

On the H-2 visas (for workers in industries with peak load, seasonal or other U.S. employers with intermittent employment needs) the annual cap is divided the annual numerical limitations of 66,000 into two halves. The first half annual cap of 33,000 such visas was reached on September 27, 2007. For the second half, 7,164 of the remaining 33,000 H-2 visas have been approved or are pending as of December 4, 2007.

Finally, on the general H-3 visas (visas for aliens who are coming temporarily to the U.S. to receive training provided by a business entity, academic, or vocational institute (other than graduate medical education or training) there is no annual cap. However, for the particular H-3 visa for “Special Exchange Visitors” (those who are participating in a special education training program for children with physical, mental, or emotional disabilities), there is an annual cap of only 50 visas and the USCIS announced that as of November 29, 2007, one such H-3 visa has been approved.

I intend to post a specific article on H-3 visas in the next day or two.