Office of International Education

H1B Cap Update for Fiscal Year '08

Date: April 5, 2007
TO: Foreign Students Graduating in May and Summer 2007
       Foreign Students on OPT or AT
RE: H1B Cap Update for Fiscal Year '08

Dear Carnegie Mellon foreign students:

US Citizenship and Immigration Services (USCIS) has advised that the 65,000 H-1B cap for the 2008 Fiscal Year (October 1, 2007 through September 30, 2008) has been reached.

http://www.uscis.gov/files/pressrelease/H1BFY08Cap040307.pdf

USCIS has not announced that the 20,000 cap for advanced degree holders has been filled but it is anticipated that that will happen shortly as USCIS received 150,000 (or more) H-1B applications in the first two days of April.

What does this mean?

Once the cap is reached, no more H-1B visas will be available for that fiscal year for private sector jobs, unless the US Congress mandates some type of temporary relief or comprehensive immigration reform. Otherwise additional H-1Bs will become available again in October 2008.

This surely is very stressful for those if you who are graduating this semester and have found employment or are still looking for employment in the private sector. (University employers are exempt from the cap.) We share your concern about the difficulties and uncertainties that are caused by this announcement. OIE is committed to providing as much support and assistance to students as we can. Other offices on campus are equally committed to assisting students; use campus resources as needed -- Career Center, Counseling and Psychological Services for stress management and counseling, Student Health for stress or anxiety-related physical problems, etc.. The remainder of this semester may be more stressful than usual because of this situation so make sure you take care of yourself - eat properly, sleep, get exercise, ask for help.

For those of you who have job offers and your employers have filed H-1B petitions on your behalf, maintain open communications with your employers. It will take several weeks to sort out which of the applications submitted this week will be accepted and which will be rejected.

What are the options?

Start thinking about alternatives to H-1B status if you want to stay in the US to work. Below we have listed some options for you to consider.

Students should apply for and use all of the Optional Practical Training (for F-1 students) or Academic Training (for J-1 students) for which they are eligible. You must apply for authorization before you complete the requirements for your program.

Additionally, students can follow the debate about Immigration Reform in Congress. The US Congress may increase the H-1B cap as part of comprehensive immigration reform legislation. If that is going to happen, it will likely happen by August or September 2007.

Additional options to consider:

  • Are you a citizen of Chile or Singapore? Check to see if H-1B1 visas (under Free Trade agreements) are available for you.
  • Are you Canadian or Mexican citizen? Look for jobs that will qualify you for TN status (http://travel.state.gov/visa/temp/types/types_1274.html)
  • Are you Australian? Consider E-3 status. http://www.studentaffairs.cmu.edu/oie/admins/notebook2/e3australians.cfm
  • Have you previously been in H-1B status with a cap-counted employer? If so, an employer may petition for a new H-1B for you as you have already been cap-counted.
  • Look for jobs with cap-exempt employers:
    1. an institution of higher education or a related or affiliated nonprofit entity;
    2. a nonprofit research organization; or
    3. a governmental research organization.
  • Look for jobs with international organizations or with your government (Embassy/Consulate) to obtain a G or A status.
  • Would you qualify for O-1 status? (Graduate students only.) http://www.studentaffairs.cmu.edu/oie/admins/notebook2/extraordinary.cfm
  • Would you qualify for P status as an athlete, artist or performer?
  • Is your spouse in the US? You may be able to change to a dependent status which may or may not allow you to work (depending upon the dependent status) but will allow you to remain in the US with your spouse.
  • Are you interested in further study? Now may be the time to continue your education with a new degree or level of study. F-1 students are eligible for a new 12 month period of OPT for each higher level of study. F-1 students can only have one 12 month period of OPT per level of study, however, so pursuing another degree at the same level will not qualify a student for additional OPT.
  • If you exhaust all options within the US, you may need to return home or search for jobs in other countries. You do not have to physically be present in the US for an employer to petition for an H-1B for you; you may decide to work outside the US for a year or two and return when H-1B visas are available again.

Regards,
The Staff of OIE

Updated 10/3/2007