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Plan Now for FY2006 H-1B Visa Caps

By Christopher R. Helm, James M. Mei, and Richard M. Rawson
[March 2005]

The H-1B cap for FY2005 was reached on the first day of its availability on Oct. 1, 2004, and there is every reason to expect that the FY2006 cap will also be reached on its first day, Oct. 1, 2005. However, employers can begin filing H-1B "cap cases" for FY2006 (with a start date of Oct. 1, 2005) on April 1, 2005. If you are interested in hiring H-1B employees within the next year, we suggest that the planning process for those petitions begin today.

As a reminder, the H-1B cap mainly applies to first-time H-1B petitions. It does not apply to current H-1B employees applying for an extension, amendment, or transfer of their H-1B status or to H-1B employees working for universities and nonprofit research centers.

As of March 8, 2005, there will be 20,000 additional H-1B visas available to those with a master's degree or higher from a U.S. university. These are expected to be used up very quickly.

Also, the filing fees for H-1B petitions have changed. In addition to the $185 filing fee for the I-129 form, there is also a training fee of $1,500 ($750 for employers with 25 or fewer full-time equivalent employees). Certain non-profit sector employers are exempt from this fee. Lastly, beginning March 8, there will also be a $500 fraud prevention fee, which will apply to all petitions, in addition to those fees listed above.

The rules and regulations governing the H-1B visa can be very complex. If you wish to discuss your strategy with a legal professional, feel free to contact the Immigration Department at Davis Wright Tremaine LLP for help in planning your H-1B strategy for 2005, 2006, and beyond.

Please feel free to contact the immigration professionals at Davis Wright Tremaine for further information on this issue.

Christopher R. Helm Seattle, Washington (206) 628-7671 ChrisHelm@dwt.com

James M. Mei Portland, Oregon (503) 778-5315 JimMei@dwt.com

Richard M. Rawson Seattle, Washington (206) 628-7746 RichRawson@dwt.com

This Immigration Law Advisory is a publication of the Employer Services Department of Davis Wright Tremaine LLP. Our purpose in publishing this Advisory is to inform our clients and friends of recent developments in immigration law. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may be given only in response to inquiries regarding particular situations.

Copyright © 2005, Davis Wright Tremaine LLP.

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