On April 5, 2007, the USCIS announced that it received approximately 133,000 H-1B petitions on April 2 and 3, for the next fiscal year (October 1, 2007 through September 30, 2008).  The number of petitions exceeds the annual quota (65,000 plus an additional 20,000 for those with U.S. advanced degrees).  The H-1B visas will be awarded by lottery, leaving less than a 50-50 chance of attaining H-1B status for those who do not have a U.S. advanced degree.

The H-1B quota does not apply to anyone who is already in H-1B status, or who was previously in H-1B status during the past five years.  It also does not apply to those who will be employed by (1) an institution of higher education; (2) a nonprofit entity related or affiliated with the institution of higher education; and (3) a nonprofit research organization or governmental research organization.  In a Memo issued on June 6, 2006, the USCIS expanded this exemption to employees of a private company who work at (but are not employed by) the exempt organization.

The next opportunity to submit a new petition for H-1B status will be on April 1, 2008 under existing law.  However, it is possible that Congress will increase the quota within the next few months.