UNITED STATES DEPARTMENT OF JUSTICE
IMMIGRATION AND NATURALIZATION SERVICE
Office of Business Liaison
Public inquiries:
Employer hotline 800-357-2099
Fax 202-305-2523
E-mail: office.business.liaison@usdoj.gov
Public information:
Fax-on-demand 202-514-2033
Order INS Forms 800-870-3676
Website: www.usdoj.gov/ins/ATTENTION EMPLOYERS!
H-1B Cap Issues – FY99
Publications in the Federal Register dated June 15, 1999, announce the following:
INS has determined that the fiscal year 1999 (FY99) annual quota of H-1b numbers (115,000) has been exhausted as of the date of publication and estimates that petitions with receipt dates after April 9, 1999, (INS Form I-797) have missed the FY99 cap.PROCEDURAL CHANGES
The annual cap does not affect H-1B petitions (Form I-129) for extension of stay, change of employer, concurrent employment, or amendment of terms of employment.
- Petitions covered by this notice will fall under one of four scenarios:
- H-1B petitions requesting employment start dates before October 1, 1999, will be approved for the requested start dates if receipted (Form I-797) on or before April 9, 1999.
- H-1B petitions requesting employment start dates before October 1, 1999, but receipted after April 9, 1999, will be automatically adjudicated effective October 1, 1999 (when fiscal year 2000’s 115,000 new H-1b numbers become available), if received by INS prior to June 15, 1999.
- H-1B petitions requesting employment start dates before October 1, 1999, will be returned (with fees) to petitioners, if received by INS on or after June 15, 1999.
- H-1B petitions requesting employment start dates of October 1, 1999, or later, will be adjudicated effective October 1, 1999, if received by INS on or after June 15, 1999.
- Eligible petitioners who do not want October 1, 1999, employment start dates may withdraw the petitions and forfeit fees. Requests for withdrawal should be faxed to INS’ Immigration Services Division at (202)305-0108 (Attention: H-1B Withdrawal).
EFFECT ON F-1 AND J-1 CLASSIFICATION BENEFICIARIES OF PETITIONS FILED BEFORE JUNE 15, 1999, THAT MISS THE FY99 H-1B CAP
Today’s regulation redefines these students’ duration of approved stay (indicated "D/S" on Form I-94 Arrival-Departure Record) to include any period between the expiration of their 60 (F-1) or 30(J-1) day grace periods and October 1, 1999.
This relief only allows covered students to remain in the United States lawfully until their H-1B employment is effective. They may not work during this period, although they are not precluded from receiving signing bonuses typically given to similar new employees of the petitioning company.
Dependents of covered F-1 and J-1 students are covered.
- J-1 students with 2-year foreign residence requirements are not covered.