On April 1, 2007, USCIS will start accepting H-1B visa applications for fiscal year 2008. By regulation, USCIS can start accepting H-1B applications against the 2008 H-1B cap six months in advance which translates to Monday, April 2, 2007. People have been speculating as to when the cap will be exhausted. Estimates range from April 16 to the end of May.

H-1B applications approved under the 2008 cap will become effective on the first day of the next fiscal year which is October 1, 2007. Any company interested in pursuing a new H-1B visa on behalf of a current or potential employee should act immediately.

In addition, USCIS has indicated that it intends to increase the filing fee for H-1B visas to $320. This does not include the fraud fee or training fee.

Finally, H-1B transfers and H-1B applications filed by exempt employers are not subject to the H-1B cap.