Both H-1B Quotas Reached For Fiscal Year 2007

H-1B is the most common visa category for professional and specialty workers, generally positions that require at least a bachelor's degree. There are limits on the number of H-1B visa spots available each year. The basic quota allows 65,000 new H-1Bs each year. There is a separate 20,000 quota for persons with U.S. advanced degrees. Most persons moving from one H-1B employer to another are not subject to the quota. The new H-1B spots become available each year on October 1, the beginning of the federal fiscal year. Employers may begin applying for the spots up to six months in advance, i.e., on April 1.

The H-1B quotas have already been filled for upcoming fiscal year 2007. The basic quota was filled by the end of May, four months before the fiscal year even started. The advanced degree quota was filled by the end of July. Unless Congress acts to increase the quota numbers (which could happen), employers wishing to employ new H-1B employees must now wait until April 1, 2007 to apply for the new H-1B quota spots to become available on October 1, 2007.