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August 8, 2001 -The INS has recently published its latest figures for the number of new H-1B petitions approved during Fiscal Year 2001, which began on October 1, 2000, and ends September 30, 2001. Under federal law, no more than 195,000 new H-1B visa petitions can be approved during FY 2001. As of July 25, 2001, approximately 138,000 new H-1B petitions have been approved, with approximately 39,000 additional H-1B petitions pending. (Not all of these pending H-1B petitions will necessarily be counted against the H-1B cap. H-1B extensions and amendments do not count against the 195,000 H-1B limit.) In the event that the 195,000 limit should be reached before September 30, 2001, the INS will require such petitions to take effect only after Fiscal Year 2002 begins on October 1, 2001. Though Berry, Appleman & Leiden believes that the 195,000 H-1B limit will likely not be reached before September 30, 2001, we will continue to monitor the situation and advise of any updates.
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