By law, there are only 65,000 H-1B visas, plus an additional 20,000 for persons with at least a Master’s degree from a US University, available for each Federal fiscal year. The Federal fiscal year begins on October 1^st, and USCIS begins accepting petitions six months before the beginning of the fiscal year, April 1^st.

Last year, USCIS received more than 65,000 petitions on the very first filing day, Monday, April 2, 2007. It received enough petitions to use up the 20,000 visas reserved for advanced US degrees by May 4, 2007.

It is expected that the demand for H-1B visas will be just as heavy this year, if not heavier. This means that to have a realistic chance at securing an H-1B visa, petitions must be filed on April 1^st. If USCIS received more than 65,000 petitions on that day, it will hold a random drawing to select those it will process.

Students who are on Optional Practical Training (OPT) and their employers need to be aware that the work authorization ends upon the expiration of the OPT. These students will need to wait until their H-1B becomes valid on October 1^st in order to resume employment. Also, if their OPT expires more than 60 days before October 1^st, they will have to maintain valid immigration status through October 1^st, or will need to leave the US and obtain an H-1B visa abroad, after obtaining USCIS’ approval of the H-1B petition, in late September.

Employers who are institutions of higher education, non-profit research organizations, or government research organizations, are exempt from the 65,000 and 20,000 visa caps, and may apply for H-1B visas at any time.