USCIS Explanation of H1B Cap Being Met on May 26, 2006
Posted Jun 09, 2006
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Readers of MurthyDotCom and the MurthyBulletin learned last week that the H1B cap for fiscal year 2007 was reached on May 26, 2006 for regular H1Bs subject to the numerical quota. Our report on that cap having been met was made as soon as the information was made public, on June 1, 2006 in NewsFlash! H1B Cap Reached on May 26, 2006!, available on MurthyDotCom. As our NewsFlash explained, the announcement from the USCIS came on June 1, 2006, several days after the cap was reached. This year's announcement was noteworthy because it appeared to reflect a disproportionate volume of H1B filings made on just one day, namely May 26, 2006. The USCIS had been issuing regular, ongoing cap-count updates, sometimes only a few days apart. The last count, reported before the cap was reached, gave a purported total through May 25, 2006. That announcement indicated that fewer than 50,000 cases had been filed. For the cap to have been reached the very next day, therefore, a staggering number of new H1B cap-subject petitions would have to have been filed in a single day - more than 14,000, by our count. The USCIS explained that their counts were inaccurate due to lags in data entry and receipting of cases.
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Explanation - USCIS Lag Time in Data Entry and Receipt Issuance
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With bi-specialization, all H1B filings went to the Vermont Service Center (VSC). The VSC did not have the capacity to promptly meet the demand and enter data for the voluminous quantity of cases as they came in; thus there was lag time in the data entry and receipting of the cases. This meant that many were not entered into the system and counted as they were received, but the USCIS could have explained this when releasing information on the H1B cap count.
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Inaccurate USCIS Cap Reports
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Although appearing to be detailed and up-to-the-minute, the USCIS cap reports neither mentioned the fact that there was a delay in case input and totals, nor gave even a hint that such a problem existed. It seemed to all who were closely following the reports that the H1B counts were complete through the dates indicated. The trouble worsened towards the end, as case filings dramatically increased, while employers rushed to beat the H1B cap.
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Is the Advanced Degree Cap Count Accurate?
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Since the cap report also includes the usage of H1B cap-subject numbers for those with U.S. advanced degrees, we are left to question whether the H1B filing count for advanced degree cases has problems, as well. We at the Murthy Law Firm recommend that individuals and employers assume there is some discrepancy and that they not rely too heavily upon the count released by the USCIS. As always when a cap is looming, we advise those with advanced degree cases to move as quickly as possible to file their cases before the advanced cap is reached as well for fiscal year 2007.
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Trust USCIS Will Correct this Problem for the Future
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It is a considerable task the USCIS has, to work within a short period of time with the quantities of H1B filings that arrive. The cap updates they were releasing appeared both detailed and reliable - an exciting advancement over past years! If the USCIS had indicated there was a problem or that there was potential for vast inaccuracies in the numbers, this might have provided the many people relying on those numbers with the necessary warning to plan accordingly.