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Re: Government freeze on H1B

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Re: Government freeze on H1B

From: Gloria Law <click for textversion of email address >
Date: Mon, 23 Feb 1998 10:08:46 -0800 (PST)
Status: RO

Hi Laurent,

Yes, it is basically correct. We don't know when the cap will be reached.
Last year it was reached by the first of August and current estimates are
that it will be reached some time this summer.

Please highlight the fact that this cap does not effect extensions or
change of employer.

Otherwise, the warning is a good one.


Gloria Enguidanos Law
International Scholar Adviser
University of California at Berkeley
(510) 642-9472 (ph)
(510) 643-7289 (fax

On Mon, 23 Feb 1998, Laurent Vuilleumier wrote:

> Dear Gloria,
> I received the following information through a group of Swiss post-doc. Is
> this information accurate?
> > Probable government-freeze from June to October on petitions
> >for employees acquiring first-time H-status. Urge immediate
> >submission of first-time H-1B applications with start dates prior to
> >October 1, 1998.
> >
> >
> >Federal law limits the numbers of new H-1B beneficiaries to 65,000
> >per year. Recent news suggests that this "cap" may be reached as
> >early as June, 1998. Once the cap is reached, the Immigration and
> >Naturalization Service will freeze the processing of petitions for
> >employees who would be acquiring H-1B status for the first time
> >prior to the end of the federal fiscal year on September 30, 1998.
> >Processing of these petitions will resume on October 1, 1998.
> >
> >This processing freeze will not affect:
> >
> >(1) petitions for first-time H-1B status for programs beginning after
> >October 1, 1998; or
> >(2) extensions of H-1B status, even for new employment.
> >
> >While no one in the federal government is certain as to when the cap
> >will be reached, we strongly urge the immediate submission to our
> >office of all eligible applications for new H-1B status with
> >employment beginning dates prior to October 1, 1998. While the
> >Immigration and Naturalization Service (INS) will accept petitions
> >as much as six months in advance of the requested start-date, the
> >H-1B application-process is lengthy and involves submissions in
> >sequence to the California Labor Management Information Division and
> >to the federal Department of Labor prior to the filing of a petition
> >with the INS.
> >
> >There are alternatives to the H-1 such as the J-1 (in non-faculty
> >cases), O-1 and F-1 practical training authorization. Each
> >classification has different eligibility criteria.
> Laurent
> Laurent Vuilleumier e-mail: L_Vuilleumier_at_lbl.gov
> Lawrence Berkeley Laboratory phone : (510) 486-6108
> 1 Cyclotron Road, 29C fax : (510) 486-7303
> Berkeley, CA 94720
Received on Mon Feb 23 1998 - 10:09:00 PST

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