As revealed in Tables 11 and 12, beneficiaries for continuing employment reported higher
annual compensation than did beneficiaries for initial employment. Median annual
compensation was $70,000 for the former and $57,000 for the latter. In Fiscal Year 2008
workers approved for continuing employment and initial employment reported mean annual
compensation of $76,000 and $62,000 respectively.

Table 11. Annual Compensation ($) of H-1B Beneficiaries for Initial Employment
by Major Occupation Group: Fiscal Year 2008

Total 25" Median Mean 75"
Occupation Reported | Percentile Percentile
Total 108,684 48,000 57,000 62,000 65,000
Occupations with annual compensation known 108,452 48,000 57,000 62,000 65,000
Computer-related occupations 57,972 52,000 60,000 60,000 61,000
Occupations in Education 12,271 37,000 43,000 52,000 56,000
Occupations in Architecture, Engineering, and
Surveying 9,972 54,000 65,000 69,000 80,000
Occupations in Administrative Specializations 7,880 41,000 51,000 59,000 65,000
Occupations in Medicine and Health 6,751 44,000 52,000 76,000 75,000
Occupations in Life Sciences 2,809 37,000 42,000 49,000 55,000
Occupations in Mathematics and Physical Sciences 2,378 48,000 60,000 66,000 80,000
Managers and Officials n.e.c.* 2,276 49,000 70,000 83,000 100,000
Occupations in Social Sciences 1,899 42,000 60,000 68,000 90,000
Miscellaneous Professional, Technical, and Managerial 1,776 40,000 59,000 68,000 90,000
Occupations in Art 956 35,000 42,000 47,000 52,000
Occupations in Law and Jurisprudence 723 48,000 135,000 116,000 160,000
Occupations in Writing 341 30,000 36,000 41,000 46,000
Occupations in Entertainment and Recreation 146 28,000 33,000 40,000 45,000
Occupations in Religion and Theology 105 28,000 33,000 38,000 45,000
Occupations in Museum, Library, and Archival Sciences 101 37,000 45,000 49,000 53,000
Fashion Models 96 100,000 100,500 172,000 195,000
Occupation unknown 232 39,000 48,000 54,000 62,000

Notes: — Occupations ranked by the number of beneficiaries.
* n.e.c. indicates not elsewhere classified.

Definitions: Median is the middle ranking value (50 percentile) of all values.
25" percentile and 75" percentile are the lower quarter and upper quarter ranking values, respectively.


Table 7. H-1B Petitions Approved by Level of Education of Beneficiary

and Type of Petition: Fiscal Year 2008

Level of Education All Percent Initial Percent | Continuing Percent

Beneficiaries Employment Employment

Total 276,252 109,335 166,917
Education known 276,221 100 109,326 100 166,895 100
No high school diploma 165 0.1 80 0.1 85 0.1
High school graduate 490 0.2 174 0.2 316 0.2
Less than 1 year of college credit 102 0.0 19 0.0 83 0.0
1 or more years of college credit, 571 0.2 175 0.2 396 0.2

no diploma

Associate's degree 539 0.2 195 0.2 344 0.2
Bachelor's degree 118,882 43.0 47,613 43.6 71,269 42.7
Master's degree 112,106 40.6 43,441 39.7 68,665 41.1
Doctorate degree 30,076 10.9 12,698 11.6 17,378 10.4
Professional degree 13,290 4.8 4,931 4.5 8,359 5.0
Education unknown 31 wane —- 9 _ 22 _e

Notes: Sum of the percents may not add to 100.0 due to rounding.
Percents shown in the table are based on the number of approved petitions with known levels of education.

10


Table 13B. H-1B Petitions Approved by Detailed Industry and Type of Petition (Percent)
Fiscal Years 2007 and 2008

All Initial Continuing
Beneficiaries Employment Employment
FY2007 FY2008 | FY2007 FY2008 | FY2007 FY2008
Industry Percent Percent | Percent Percent | Percent Percent

Total
Industry known 100 100 100 100 100 100
Computer Systems Design &

Related Services 42.2 39.4 49.6 48.3 36.6 33.6
Colleges, Universities &

Professional Schools 9.0 9.5 10.0 10.4 8.3 8.9
Architectural, Engineering &

Related Services 43 3.8 3.8 3.3 46 41
Management, Scientific & Technical

Consulting Services 3.4 3.1 3.0 28 3.6 3.4
Elementary and Secondary Schools 24 2.7 2.6 2.7 2.3 27
Scientific Research and Development

Services 27 2.3 26 22 27 23
General Medical and Surgical Hospitals 23 22 25 24 21 21
Securities & Commodity Contracts.

Intermediation & Brokerage 25 2.2 17 1.6 3.1 2.5
Semiconductor & Other Electronic

Component Manufacturing 1.9 1.6 15 1.2 2.2 1.9
Accounting, Tax Preparation,

Bookkeeping, & Payroll Services 17 1.6 16 14 18 17
Computer and Peripheral

Equipment Manufacturing 1.4 1.3 0.8 0.8 1.8 1.6
Other Financial Investment Activities 0.9 1.0 0.7 0.7 441 4141
Offices of Physicians 1.0 1.0 0.8 0.8 1.2 141
Software Publishers 0.6 0.7 0.4 0.4 0.7 0.9
Communications Equipment Manufacturing 0.8 0.7 0.5 0.3 14 0.9
Health and Personal Care Stores 06 0.7 0.4 0.4 0.8 0.9
Pharmaceutical and Medicine

Manufacturing 0.7 0.6 0.5 0.4 0.8 0.8
Offices of Other Health Practitioners 0.6 06 0.6 0.7 0.5 0.5
Legal Services 0.6 06 0.6 0.6 06 0.5
Other Professional, Scientific &

Technical Services 06 0.5 05 0.4 0.7 0.6
Other industries 19.8 23.9 15.2 18.2 23.4 27.7

Industry unknown

Notes: Industries ranked by total beneficiaries in 2008.
Sum of the percents may not add to 100 due to rounding.
Percents shown are based on the total number of petitions approved with industry known.
NAICS stands for North American Industry Classification System

20


I. Legislative Requirement

The American Competitiveness and Workforce Improvement Act (ACWIA), Public Law 105-277,
Division C, includes the following requirement under section 416(c)(2):

“...(T)he Attorney General shall submit on an annual basis, to the Committees on the Judiciary
of the United States House of Representatives and the Senate, information on the countries of
origin and occupations of, educational levels attained by, and compensation paid to, aliens who
were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b)
of the Immigration and Nationality Act during the previous fiscal year.”


Table 12, Annual Compensation ($) of H-1B Beneficiaries for Continuing Employment by

Major Occupation Group: Fiscal Year 2008

Total 25" Median Mean 75"
Occupation Reported | Percentile Percentile

Total 165,533 55,000 70,000 76,000 90,000
Occupations with annual compensation known 165,180 55,000 70,000 76,000 90,000
Computer-related occupations 78,609 60,000 74,000 77,000 90,000
Occupations in Architecture, Engineering, and

Surveying 19,947 60,000 74,000 78,000 90,000
Occupations in Education 16,394 40,000 48,000 56,000 62,000
Occupations in Administrative Specializations 15,229 48,000 65,000 72,000 88,000
Occupations in Medicine and Health 10,388 49,000 68,000 97,000 125,000
Managers and Officials n.e.c.* 6,583 60,000 89,000 97,000 119,000
Occupations in Life Sciences 4,151 41,000 49,000 60,000 67,000
Occupations in Mathematics and Physical Sciences 3,528 54,000 72,000 76,000 90,000
Miscellaneous Professional, Technical, and Managerial 3,300 55,000 80,000 86,000 108,000
Occupations in Social Sciences 2,967 50,000 73,000 81,000 100,000
Occupations in Art 1,910 41,000 54,000 61,000 75,000
Occupations in Law and Jurisprudence 820 60,000 120,000 133,000 185,000
Occupations in Writing 669 36,000 46,000 53,000 62,000
Occupations in Entertainment and Recreation 312 31,000 39,000 45,000 50,000
Occupations in Museum, Library, and Archival Sciences 155, 39,000 46,000 54,000 60,000
Fashion Models 153 100,000 100,000 144,000 200,000
Occupations in Religion and Theology 65 31,000 38,000 39,000 48,000
Occupation unknown 353 45,000 62,000 72,000 87,000
Notes: — Occupations ranked by the number of beneficiaries.

* n.e.c. indicates not elsewhere classified.

Definitions: Median is the middle ranking value (50" percentile) of all values.

25" percentile and 75" percentile are the lower quarter and upper quarter ranking values, respectively.
Ps P q pper qh ig spectively.


Table 13A. H-1B Petitions Approved by Detailed Industry and Type of Petition (Number)
Fiscal Years 2007 and 2008

All Initial Continuing
Beneficiaries Employment Employment
FY 2007 FY 2008 | FY 2007. _—FY 2008 | FY 2007. _FY 2008
Industry Number Number | Number Number | Number Number
Total 281,444 295,340 | 120,031 115,381] 161,413 179,959
Industry known 263,288 276,252 | 113,868 109,335| 149,420 166,917
Computer Systems Design &
Related Services 111,148 108,970 56,505, 52,829 54,643 56,141
Colleges, Universities &
Professional Schools 23,804 26,145 11,413 11,318 12,391 14,827
Architectural, Engineering, & Related
Services 11,271 10,420 4,377 3,557 6,894 6,863
Management, Scientific, & Technical
Consulting Services 8,902 8,654 3,460 3,008 5,442 5,646
Elementary and Secondary Schools 6,438 7,537 2,969 2,990 3,469 4,547
Scientific Research and
Development Services 7,030 6,321 2,962 2,414 4,068 3,907
General Medical and Surgical
Hospitals 5,993 6,111 2,816 2,660 3,177 3,451
Securities & Commodity Contracts
Intermediation & Brokerage 6,587 5,953 1,906 1,797 4,681 4,156
Semiconductor & Other Electronic
Component Manufacturing 4,939 4,537 1,711 1,337 3,228 3,200
Accounting, Tax Preparation,
Bookkeeping & Payroll Services 4,509 4,424 1,820 1,550 2,689 2,874
Computer and Peripheral Equipment
Manufacturing 3,584 3,531 870 888 2,714 2,643
Other Financial Investment Activities 2,419 2,677 774 784 1,645 1,893
Offices of Physicians 2,687 2,659 913 821 1,774 1,838
Software Publishers 1,466 1,982 400 431 1,066 1,551
Communications Equipment
Manufacturing 2,227 1,882 560 341 1,667 1,541
Health and Personal Care Stores 1,650 1,874 466 418 1,184 1,456
Pharmaceutical and Medicine
Manufacturing 1,712 1,794 568 454 1,144 1,340
Offices of Other Health Practitioners 1,501 1,634 735 722 766 912
Legal Services 1,573 1,548 734 703 839 845
Other Professional, Scientific &
Technical Services 1,612 1,498 625 453 987 1,045
Other industries 52,236 66,101 17,284 19,860 34,952 46,241
Industry unknown 18,156 19,088 6,163 6,046 11,993 13,042

Notes: Industries ranked by total beneficiaries in 2008
NAICS - North American Industry Classification System

19


Table 9B. H-1B Petitions Approved by Detailed Occupation of Beneficiary
and Type of Petition (Percent): Fiscal Years 2007 and 2008

All Initial Continuing
Beneficiaries Employment Employment
Occupational Category FY 2007 FY 2008 | FY 2007 FY 2008 | FY 2007 FY 2008
Percent Percent | Percent Percent | Percent Percent

Total
Occupation known 100 100 100 100 100 100
Occupations in Systems Analysis and 44.2 43.8 476 48.6 41.7 40.6
Programming
Occupations in College and University Education 6.6 7.3 75 8.1 58 6.8
Computer-Related Occupations, n.e.c.* 4.0 4.3 31 3.2 4.7 5.0
Accountants, Auditors, and Related Occupations 40 3.8 3.4 3.0 44 43
Electrical/Electronics Engineering Occupations 3.7 3.6 3.1 29 44 40
Physicians and Surgeons 27 28 25 26 27 3.0
Mechanical Engineering Occupations 1.8 1.8 1.6 1.5 1.9 1.9
Occupations in Biological Sciences 1.7 1.8 1.7 1.8 1.6 1.7
Misc Professional, Technical, and Managerial 1.8 1.6 1.6 1.4 1.9 1.8
Occupations, n.e.c.*
Occupations In Economics 1.8 1.6 1.7 1.5 1.9 1.7
Miscellaneous Managers and Officials, n.e.c.* 17 1.6 141 1.0 2.2 2.0
Budget and Management Systems Analysis 1.6 1.6 1.7 1.7 16 1.5
Occupations
Occupations in Administrative Specializations, 1.6 1.5 1.6 1.4 1.6 1.6
ne.c.*
Occupations in Architecture, Engineering, and 16 14 1.3 14 18 1.6
Surveying, n.e.c.*
Occupations in Medicine And Health, n.e.c.* 1.2 14 1.3 15 141 1.3
Occupations in Preschool, Primary School, and 11 1.3 1.1 1.1 1.1 1.4
Kindergarten Education
Civil Engineering Occupations 1.4 1.3 1.4 141 1.4 1.4
Occupations in Secondary School Education 14 1.2 41 1.3 1.0 1.2
Occupations in Data Communications and 0.9 14 08 11 44 14
Networks
Architectural Occupations 1.0 0.9 0.8 0.7 1.2 141
Other Occupations 14.6 14.4 13.8 13.4 15.2 15.1
Occupation Unknown

Notes: Occupations ranked on 2008 data

Sum of the percents may not add to 100.0 due to rounding.

Percents shown in the table are based on the total number of

* nec, indicates not elsewhere classified.

petitions approved with known occupations.


Section 3.2 — Distribution of petitions by country of birth

Tables 4A and 4B show the distribution of beneficiaries by country of birth.S Of the H-1B petitions
approved in Fiscal Year 2008, 54 percent reported that the beneficiary was born in India. The second
most prevalent country of birth of H-1B beneficiaries was China, representing 8.8 percent of all
beneficiaries. The number of beneficiaries from India approved for initial employment decreased 7
percent in 2008, while the number of beneficiaries approved for continuing employment increased 8

percent over FY 2007.

Table 4A. H-1B Petitions Approved by Country of Birth of Beneficiary and Type of

Petition (Number): Fiscal Years 2007 and 2008

All Beneficiaries

Initial Employment

Continuing Employment

Country of Birth FY 2007 FY 2008 | FY 2007 FY 2008 FY 2007 FY 2008
Number Number | Number Number Number Number
Total 281,444 276,252] 120,031 109,335 161,413 166,917
India 147,559 149,629 66,504 61,739 81,055 87,890
China, People's Republic 24,497 24,174 10,890 9,157 13,607 15,017
Canada 11,038 10,681 3,972 3,968 7,066 6,713
Philippines 9,380 9,606 3,696 3,957 5,684 5,649
Korea 7,663 6,988 3,612 3,029 4,051 3,959
United Kingdom 5,348 4,494 1,499 1,333 3,849 3,161
Japan 4,534 4,312 1,584 1,334 2,950 2,978
Mexico 3,803 3,721 1,476 1,375 2,327 2,346
Taiwan 4,046 3,708 1,997 1,818 2,049 1,890
Pakistan 3,634 3,509 1,302 1,315 2,332 2,194
Colombia 2,776 2,619 826 740 1,950 1,879
France 2,755 2,526 1,005 879 1,750 1,647
Turkey 2,587 2,481 1,196 1,054 1,391 1,427
Germany 2,646 2,426 994 895 1,652 1,531
Venezuela 2,306 2,022 717 579 1,589 1,443
Brazil 2,246 2,010 894 784 1,352 1,226
Russia 2,137 1,796 665 541 1,472 1,255
Argentina 1,561 1,460 460 400 1,101 1,060
Nepal 1,274 1,406 729 783 545 623
Malaysia 1,646 1,283 521 373 1,125 910
Other countries 38,008 35,401 15,492 13,282 22,516 22,119

Notes: Countries of birth are ranked based on 2008 data.

5 Data actually represent countries and territories of birth.


sponsor an alien who currently has status as an H-1B nonimmigrant working for another employer or to
seek an amendment of a previously approved petition. In the case of a petition to amend a previously
approved petition, no corresponding request need be made to extend the authorized stay of the
beneficiary. For example, an employer may file an amended petition notifying USCIS of a different
location where the beneficiary will be employed or a material change in the beneficiary’s job duties.
Therefore, the total number of approved petitions in any given fiscal year exceeds the actual number of
aliens who are provided nonimmigrant status as H-1B. At the end of the six-year period, the alien must
either change to a different status (if eligible) or depart the United States.2 USCIS regulations provide
that an alien who has been outside the United States for at least one year may be eligible for a new six-
year period of admission in H-1B status. See 8 CFR 214.2(h)(13)(iii)(A).

When the H-1B category was enacted in 1990, Congress established that a maximum of 65,000 H-1B
visas may be issued to aliens during each fiscal year. This limitation, commonly referred to as the
“H-1B cap,” does not apply to H-1B petitions filed on behalf of aliens who have been counted against
the cap in the previous six years and who have not been outside of the United States for one year or
longer. Thus, generally, petitions to extend an H-1B nonimmigrant’s period of stay, change the
conditions of the H-1B nonimmigrant’s current employment, or request new H-1B employment filed on
behalf of H-1B workers already in the United States will not count against the H-1B fiscal year cap. In
addition, approved petitions for initial employment are exempt from the cap if the sponsors are
institutions of higher education or nonprofit organizations affiliated with institutions of higher education
or if the sponsors are nonprofit research organizations or governmental research organizations.

The INA, as amended by the Immigration Act of 1990, the American Competitiveness and Workforce
Improvement Act of 1998 (ACWIA) and the American Competitiveness in the Twenty-first Century Act
(AC21), made significant changes to policy and procedure governing the H-1B category, including
providing temporary increases in the fiscal year limitations on available H-1B visas and providing for
certain exemptions to these limitations. Under ACWIA, the annual ceiling of H-1B petitions valid for
new employment was increased from 65,000 to 115,000 in Fiscal Years 1999 and 2000 and to 107,500
in Fiscal Year 2001. AC21 raised the limit on petitions in Fiscal Year 2001 from 107,500 to 195,000
and in Fiscal Year 2002 from 65,000 to 195,000. The limit in Fiscal Year 2003 was 195,000. Starting
in Fiscal Year 2004, the H-1B cap reverted back to 65,000 per fiscal year and presently remains at that
level. These statutory provisions also provided for certain exemptions from the fiscal year H-1B cap;
petitions for new H-1B employment are exempt if the aliens will be employed at institutions of higher
education or related or affiliated nonprofit entities, or at nonprofit research organizations or
governmental research organizations. In addition, the H-1B Visa Reform Act of 2004 mandates that the
first 20,000 H-1B petitions filed on behalf of aliens with U.S.-earned master’s or higher degrees will be
exempt from any fiscal year cap on available H-1B visas.

? Certain aliens are exempt from the six-year maximum period of admission under the provisions of the American
Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313).


II. Background

An H-1B temporary worker is an alien admitted to the United States to perform services ina
“specialty occupation.”

The H-1B nonimmigrant classification is a vehicle through which qualified aliens may seek admission
to the United States on a temporary basis to work in their fields of expertise. Prior to employing an

-1B temporary worker, the U.S. employer must first file a Labor Condition Application (LCA) with
the Department of Labor (DOL) and then file an H-1B petition with USCIS. However, while USCIS is
responsible for evaluating an alien’s qualifications for the H-1B classification, approval of an H-1B
petition does not guarantee admission of the alien to the U.S. in H-1B status. That vital role rests with
the U.S. Department of State (DOS), who determines after the H1-B petition has been approved by
USCIS whether a prospective alien employee can apply for a visa at a U.S. Embassy or Consulate
abroad, and with Customs and Border Protection (CBP) who at a port-of-entry determine if the alien is
admissible to the U.S.; as a visa alone does not guarantee entry into the United States.

The LCA specifies the job, salary, length and geographic location of employment. In addition, the
employer must agree to pay the alien the greater of the actual or prevailing wage for the position. Once
DOL approves the LCA, the U.S. employer may file the H-1B petition with USCIS.

To qualify as a specialty occupation, the position must meet one of the following requirements: (1) a
bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the
position; (2) the degree requirement is common to the industry or, in the alternative, the position is so
complex or unique that it can be performed only by an individual with a degree; (3) the employer
normally requires a degree or its equivalent for the position; or (4) the nature of the specific duties is so
specialized and complex that the knowledge required to perform the duties is usually associated with
attainment of a bachelor’s or higher degree. See 8 CFR § 214.2(h)(4)Giii)(A). In order to perform
services in a specialty occupation, an alien must meet one of the following criteria: (1) hold a United
States baccalaureate or higher degree as required by the specialty occupation from an accredited college
or university; (2) possess a foreign degree determined to be equivalent to a United States baccalaureate
or higher degree as required by the specialty occupation from an accredited college or university; (3)
have any required license or other official permission to practice the occupation (for example, architect,
surveyor, physical therapist) in the state in which employment is sought; or (4) have, as determined by
USCIS, the equivalent of the degree required by the specialty occupation acquired through a
combination of education, specialized training, and/or progressively responsible experience. Specialty
occupations may include, but are not limited to, computer systems analysts and programmers,
physicians, professors, engineers, and accountants.

An alien may be admitted to the United States in H-1B status for a maximum period of six years;
however, the H-1B petition may only be approved for a maximum period of three years. See INA

§ 214(g)(4). Thus, the H-1B petition may be used to sponsor an alien for an initial period of H-1B
employment or to extend or change the authorized stay of an alien previously admitted to the United
States in H-1B status or another nonimmigrant status. Additionally, an employer may file the petition to

' Section 214(i)(1) of the INA defines a specialty occupation as “an occupation that requires (A) the theoretical and practical
application of a body of highly specialized knowledge, and (B) attainment of a bachelor’s or higher degree in the specific
specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” 8 U.S.C. §1184(i).

2


Section 3.6 — Distribution of petitions by annual compensation’

Tables 10, 11, and 12 show compensation by occupation for beneficiaries of all, initial, and
continuing employment, respectively. Each table shows occupations arranged in descending order
by the total number of beneficiaries approved in Fiscal Year 2008. As shown in Table 10, the
median annual compensation reported by employers of H-1B workers approved for employment
during Fiscal Year 2008 was $60,000. This number compares with $60,000 in 2007 and 2006.
One-half were expected to earn between $50,000 and $83,000. Median compensation ranged from
a low of $35,500 for occupations in religion and theology to a high of $125,000 for occupations in

law and jurisprudence.

Table 10. Annual Compensation ($) of All H-1B Beneficiaries by Major Occupation
Group: Fiscal Year 2008

Total 25" Median Mean 75”
Occupation Reported | Percentile Percentile
Total 274,217 50,000 60,000 71,000 83,000
Occupations with annual compensation known 273,632 50,000 60,000 71,000 83,000
Computer-related occupations 136,581 55,000 61,000 70,000 81,000
Occupations in Architecture, Engineering, and
Surveying 29,919 58,000 70,000 75,000 87,000
Occupations in Education 28,665 39,000 45,000 54,000 60,000
Occupations in Administrative Specializations 23,109 45,000 60,000 67,000 82,000
Occupations in Medicine and Health 17,139 47,000 58,000 89,000 114,000
Managers and Officials n.e.c.* 8,859 55,000 84,000 93,000 114,000
Occupations in Life Sciences 6,960 39,000 45,000 55,000 62,000
Occupations in Mathematics and Physical Sciences 5,906 51,000 68,000 72,000 87,000
Miscellaneous Professional, Technical, and Managerial 5,076 48,000 72,000 80,000 102,000
Occupations in Social Sciences 4,866 46,000 65,000 76,000 95,000
Occupations in Art 2,866 38,000 49,000 57,000 70,000
Occupations in Law and Jurisprudence 1,543 55,000 125,000 125,000 170,000
Occupations in Writing 1,010 34,000 43,000 49,000 58,000
Occupations in Entertainment and Recreation 458 30,000 37,500 44,000 48,000
Occupations in Museum, Library, and Archival Sciences 256 38,500 46,000 52,000 56,000
Fashion Models 249 100,000 100,000 155,000 200,000
Occupations in Religion and Theology 170 29,000 35,500 38,000 46,000
Occupation unknown 585 42,000 55,000 65,000 76,000
Notes: Occupations ranked by number of beneficiaries.

* n.e.c. indicates not elsewhere classified.

Definitions: Median is the middle ranking value (50" percentile) of all values.

25" percentile and 75" percentile are the lower quarter and upper quarter ranking values, respectively.

7 Annual compensation refers to what the employer agreed to pay the beneficiary at the time the application was filed. The amount
excludes non-cash compensation and benefits such as health insurance and transportation. Further, compensation is based on full-time
employment for 12 months, even if the beneficiary actually worked fewer than 12 months.

15


season opened. By contrast, filings for continuing employment were fairly evenly distributed

throughout FY 2008.
Table 2. H-1B Petitions Filed by Quarter:
Fiscal Years 2005 to 2008

FY FY FY FY Initial Percent | Continuing Percent

Quarter 2005 | 2006 | 2007 | 2008 |Employment of Total |Employment of Total

Total 266,474 [295,915 804,877 [288,764 122,634 100 166,130 100
October-December 41,020 | 48,678 | 50,268 | 41,852 4,964 40 36,888 22.2
January-March 41,847 | 50,445 | 49,515 | 44,486 6,000 49 38,486 23.2
April-June 98,831 |132,655 [147,412 |150,942 104,043 84.8 46,899 28.2
July-September 84,776 | 64,137 | 57,682 | 51,484 7,627 6.2 43,857 26.4

Table 3 provides a breakdown of approved petitions in Fiscal Years 2005 to 2008 by type of petition.
More than 109,000 H-1B beneficiaries were approved for initial employment and nearly 167,000 for

continuing employment in Fiscal Year 2008.

The number of aliens outside the United States approved for initial employment decreased from almost
61,000 in FY 2007 to 56,000 in Fiscal Year 2008. The corresponding numbers for aliens in the United
States changing to H-1B status decreased from more than 59,000 in 2007 to 53,000 plus in 2008.

Table 3. H-1B Petitions Approved by Type:
Fiscal Years 2005 to 2008

Petitions Approved

Type of Petition FY2005 Percent] FY2006 Percent] FY2007 Percent FY2008 Percent
Total 267,131 100 | 270,981 100 | 281,444 100 276,252 100
Initial employment 116,927 44 | 109,614 40 | 120,031 43 109,335 40

Aliens outside U.S. 54,635 20 57,264 21 60,785 22 55,893 20
Aliens in U.S. 62,292 23 52,350 19 59,246 21 53,442 19
Continuing employment 150,204 56 | 161,367 60 | 161,413 57 166,917 60



IV. Appendix

Section 4.1 — H-1B petition processing

Petitions for obtaining H-1B nonimmigrant status for alien workers are submitted by their prospective
employers on USCIS Form I-129, Petition for a Nonimmigrant Worker, and the addendum, H-1B Data
Collection and Filing Fee Exemption Supplement. The petitions are mailed to one of two USCIS.
Service Centers (St. Albans, Vermont and Laguna Niguel, California) for processing depending on the
location of the beneficiary’s worksite.

Upon receipt, each petition is stamped with its date of arrival at the service center. A clerk creates a
paper file that contains the original petition as well as all supporting documentation. This file becomes
the official file of record for all activities connected with the petition.

Biographical data, such as name, date of birth, and country of birth, is entered from the petition by data
entry clerks into the case tracking system Computer-Linked Application Information Management
System (CLAIMS3). The computer system generates a unique number for the file, known as a receipt
number. After being sorted into potential cap and non-cap cases, the file is distributed to an adjudicator.

The adjudicator then determines whether there is adequate information in the file to approve or deny the
petition. If sufficient evidence is available, the adjudicator makes a decision and enters the
corresponding information into the tracking system. Otherwise, the adjudicator seeks additional
information from the sponsoring employer. The employer must respond within a set period of time or
the petition will be denied.

After petitions are adjudicated, the associated paper files are forwarded either to the USCIS records
center in Harrisonburg, Virginia for storage or to the Kentucky Consular Center in Williamsburg,
Kentucky for consular processing.

Section 4.2 — Data Limitations

The tables in this report have been extracted from an electronic data file created from USCIS Service
Center electronic data files. Errors in this extract file may have occurred in several ways. For example,
the data submitted by the petitioner might have been inaccurate, or keying errors may have occurred
during data entry at the service centers or as a result of being improperly transferred electronically
between the service centers and USCIS Headquarters. Minimum editing has been done to the data in
this file. Impossible or highly improbable values have been defined as unknown; for example,
beneficiaries younger than 16 (except for fashion models) or those beneficiaries working without
compensation. Lastly, information in electronic format is not available regarding the cities or states
where H-1B workers are employed.

21


Characteristics of

Specialty
Occupation Workers
(H-1B)

Fiscal Year 2008, Annual Report
October 1, 2007 - September 30, 2008

May 1, 2009



Section 3.3 — Distribution of petitions by age

Table 5 shows the age distribution of the H-1B beneficiaries in Fiscal Year 2008 by type of petition.
Sixty-six percent of workers granted H-1B status during FY 2008 were between 25 and 34 years of age
at the time their petitions were approved. Sixty percent of initial beneficiaries were under 30, compared
with 29 percent of continuing beneficiaries.

Table 5. H-1B Petitions Approved by Age of Beneficiary at Time of Approval
and by Type of Petition: Fiscal Year 2008

Age All Percent Initial Percent Continuing Percent
Beneficiaries Employment Employment

Total 276,252 109,335 166,917

Age known 276,052 100 109,259 100 166,793 100
Under 20 77 0.0 63 0.1 14 0.0
20-24 20,675 75 18,339 16.8 2,336 14
25-29 93,133 33.7 47,233 43.2 45,900 27.5
30-34 89,490 32.4 26,229 24.0 63,261 37.9
35-39 42,655 15.5 10,319 9.4 32,336 19.4
40-44 17,141 6.2 4,026 37 13,115 79
45-49 7,356 27 1,761 1.6 5,595 34
50-54 3,229 1.2 759 0.7 2.470 15
55-59 1,461 05 349 0.3 4,112 07
60-64 576 0.2 128 0.4 448 0.3
65 and over 259 0.1 53 0.0 206 0.1
Age unknown 200 — 76 oo 124.0 wena

Notes: Age of beneficiary is calculated based on the date the petition was approved.
Sum of the percents may not add to 100.0 due to rounding.
Percentages shown in the table are based on the total number of approved petitions with known ages.


Table 4B. H-1B Petitions Approved by Country of Birth of Beneficiary and Type of

Petition (Percent): Fiscal Years 2007 and 2008

All Beneficiaries

Initial Employment

Continuing Employment

Country of Birth FY 2007 FY 2008 | FY 2007 FY 2008 FY 2007 FY 2008
Percent Percent | Percent Percent Percent Percent

Total

Country of birth 100 100 100 100 100 100
India 52.4 54.2 55.4 56.5 50.2 52.7
China, People's Republic 8.7 8.8 9.1 8.4 8.4 9.0
Canada 3.9 3.9 3.3 3.6 44 4.0
Philippines 3.3 3.5 3.1 3.6 3.5 3.4
Korea 2.7 2.5 3.0 2.8 2.5 2.4
United Kingdom 1.9 1.6 1.2 1.2 2.4 1.9
Japan 1.6 1.6 1.3 1.2 1.8 1.8
Mexico 1.4 1.3 1.2 1.3 1.4 1.4
Taiwan 1.4 1.3 1.7 1.7 1.3 1.1
Pakistan 1.3 1.3 141 1.2 1.4 1.3
Colombia 1.0 0.9 0.7 0.7 1.2 14
France 1.0 0.9 0.8 0.8 14 1.0
Turkey 0.9 0.9 1.0 1.0 0.9 0.9
Germany 0.9 0.9 0.8 0.8 1.0 0.9
Venezuela 0.8 0.7 0.6 0.5 1.0 0.9
Brazil 0.8 0.7 0.7 0.7 0.8 0.7
Russia 0.8 0.7 06 0.5 0.9 0.8
Argentina 0.6 0.5 0.4 0.4 0.7 0.6
Nepal 0.5 0.5 0.6 0.7 0.3 0.4
Malaysia 0.6 0.5 0.4 0.3 0.7 0.5
Other countries 13.5 12.8 12.9 12.1 13.9 13.3

Notes: Countries of birth are ranked based on 2008 data.

Sum of the percents may not add to 100.0 due to rounding.


III. Data Report

Section 3.1 — General distribution of petitions

During Fiscal Year 2008, USCIS approved 276,252 H-1B petitions submitted by employers on behalf of
alien workers. The number of approved petitions exceeds the number of individual H-1B workers
because more than one U.S. employer may file a petition on behalf of an individual H-1B worker
(multiple petitions), The number of approved H-1B petitions for initial employment also exceeds the
cap because of beneficiary-based cap exemptions, such as for petitions filed on behalf of aliens with a
U.S. advanced degree or employer-based cap exemptions, such as for petitions submitted by nonprofit
research organizations or governmental research organizations.

Table 1 shows for Fiscal Year 2008 the number of petitions filed and/or approved for initial and
continuing employment. Of the petitions approved in 2008, a total of 109,335 petitions or 40 percent
were for initial employment.> The corresponding number of petitions for continuing employment was
166,917. These workers may have had a second (or subsequent) petition filed on their behalf in order
to: 1) extend the period allowed to work with their current employer; 2) notify USCIS of changes in the
conditions of employment including a change of employer; or 3) request concurrent H-1B status with
another employer.

The number of H-1B petitions filed decreased 5 percent and petitions approved declined 2 percent
between Fiscal Years 2007 and 2008. For initial employment, petitions filed increased 7 percent and
petitions approved declined 9 percent. In contrast, petitions filed for continuing employment decreased
13 percent and petitions approved increased 3 percent.

Table 1. H-1B Petitions Filed and/or Approved by Type of Petition:
Fiscal Years 2005 to 2008

FY 2005 FY 2006 FY 2007 FY 2008
Petitions filed 266,474 295,915 304,877 288,764
Initial Employment 117,536 121,724 114,222 122,634
Continuing Employment 148,938 174,191 190,655 166,130
Petitions approved ' 267,131 270,981 281,444 276,252
Initial Employment 116,927 109,614 120,031 109,335
Continuing Employment 150,204 161,367 161,413 166,917

"Regardless of when filed.

Table 2 shows the number of H-1B petitions filed by quarter in Fiscal Years 2005 to 2008. Filings for
initial employment spiked in the third quarter of FY 2008, which is when the cap-subject petition filing

° ‘The terms “initial employment” and “continuing employment” are used throughout this report to identify two types of petitions.
Petitions for initial employment are filed for first-time H-1B employment with employers, only some of which are applied to the annual
cap. Continuing employment petitions refer to extensions, sequential employment, and concurrent employment, which are filed for aliens
already in the United States. Extensions are filed for H1Bworkers intending to work beyond the initial 3-year period up to 6 years, the
maximum period permissible under law. Sequential employment refers to petitions for workers transferring between H-1B employers
within the 6-year period. Finally, petitions for concurrent employment are filed for H-IB workers intending to work simultaneously for a
second or subsequent H-1B employer.

“Neither AC21 nor prior legislation established a cap on H-1B petitions for continuing employment.

4


Section 3.7 — Distribution of petitions by industry

Tables 13A and 13B show the industries that employed the most H-1B workers in Fiscal Years
2007 and 2008. The number of workers approved for all known industries increased 5 percent
from 263,288 in Fiscal Year 2007 to 276,252 in Fiscal Year 2008. Among the top ten
industries, three experienced an increase in FY 2008 ranging from 2 percent (General Medical
and Surgical Hospitals) to 17 percent (elementary and secondary schools). The remaining
seven industries experienced a decrease ranging from -2 percent (Accounting, Tax Preparation,
Bookkeeping, & Payroll Services) to -10 percent (Scientific Research and Development
Services).

Industry data are collected using the North American Industry Classification System (NAICS).

Unlike country of birth, age, education, and occupation, USCIS does not verify the NAICS
code, since the sponsor does not provide supporting documentation.

18


Table of Contents

I. Legislative Requirement ....

TI. Background ....s.cssscsscsssesssesecssssseessessscsssssccsecescesssessceseveseusece

III. Data Report ...
Section 3.1 — General distribution of petitions..
Section 3.2 — Distribution of petitions by country of birt]
Section 3.3 - General distribution of petitions by age..
Section 3.4 — Distribution of petitions by education.
Section 3.5 — Distribution of petitions by occupation..
Section 3.6 — Distribution of petitions by annual compensation
Section 3.7 — Distribution of petitions by industry

TV. Appendix ........ceeeceeseeeeseeeeee
Section 4.1 — H-1B petition processing
Section 4.2 — Data limitations



Section 3.5 — Distribution of petitions by occupation
- Occupational Category

Tables 8A and 8B show the distribution of beneficiaries by occupational category for Fiscal Years 2007
and 2008. The petitioning employer supplies the occupation code on the Labor Condition Application
(LCA). Computer-related occupations were the most numerous occupational categories in 2008; their
share of total petitions approved remained constant at 50 percent in Fiscal Year 2008. The
corresponding shares for initial employment and continuing employment in computer-related
occupations were 53 and 47 percent, respectively. All 17 occupational categories had more continuing
than initial H-1B beneficiaries.

The number of H-1B petitions approved for workers in computer-related occupations decreased 2
percent from 139,628 in 2007 to 137,010 in 2008. The remaining occupation groups decreased 1
percent between 2007 and 2008.

Table 8A. H-1B Petitions Approved by Major Occupation Group of Beneficiary
and Type of Petition (Number): Fiscal Years 2007 and 2008

All Initial Continuing
Beneficiaries Employment Employment
Occupational Category FY2007 FY2008 FY2007_— Fy2008 | FY2007  Fy2008
Number Number Number Number | Number Number
Total 281,444 276,252 120,031 109,335 | 161,413 166,917
Occupation known 280,497 = 276,080 | 119,813 109,228 | 160,684 166,852
Computer-related occupations 139,628 137,010 62,268 58,074] 77,360 78,936
Occupations in Architecture, Engineering 12,116 19,750
and Surveying 31,866 30,062 * 10,021 ’ 20,041
Occupations in Education 26,107 28,880 12,530 12,339 | 13,577 16,541
Occupations in Administrative Specializations 25,099 23,346 9,737 7,966] 15,362 15,380
Occupations in Medicine and Health 16,367 17,778 6,949 6,949 9,418 10,829
Managers and Officials n.e.c.* 9,796 8,904 2,818 2,288 6,978 6,616
Occupations in Life Sciences 6,946 6,990 3,036 2,816 3,910 4,174
i i mati id Physical
Ore epetons . _v ties and Physica 5,879 5,933 2,724 9368] 3155 3.545
Miscellaneous Professional, Technical, and
Managerial 5,586 5.114 2,164 4704] 3422 3.390
Occupations in Social Sciences 5,698 4,914 2,341 1,914 3,357 3,000
Occupations in Art 3,168 2,898 1,105 972 2,063 1,926
Occupations in Law and Jurisprudence 1,658 1,556 784 727 874 829
Occupations in Writing 1,243 1,025 455 347 788 678
Occupations in Entertainment and Recreation 531 593 223 238 308 355
Fashion Models 512 476 349 151 163 325
Occupations in Museum, Library & Archival Sciences 286 344 133 143 153 201
Occupations in Religion and Theology 127 257 81 101 46 156
Occupation unknown 947 172 218 107 729 65

Notes: Occupations ranked based on 2008 data.
* ne.c, indicates not elsewhere classified.

* HIB status requires a sponsoring U.S. employer. The employer must file a Labor Condition Application (LCA) with the Department of
Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered.

11


- Detailed Occupation

Tables 9A and 9B indicate the distribution of beneficiaries by detailed occupational category in Fiscal
Years 2007 and 2008. Each table shows occupations arranged in descending order by the total number
of beneficiaries approved in Fiscal Year 2008. The relative distributions in 2007 and 2008 were similar.
The list is limited to the top 20 categories. Forty-four percent of approved petitions in 2008 were for
aliens working as systems analysts or programmers. The second largest category was occupations in
colleges and university education.

Table 9A. H-1B Petitions Approved by Detailed Occupation of Beneficiary and Type of
Petition (Number): Fiscal Years 2007 and 2008

All Initial Continuing
Beneficiaries Employment Employment
Occupational Category FY 2007 FY 2008 | FY 2007 _FY 2008 | FY 2007 FY 2008
Number Number | Number Number | Number Number
Total 281,444 276,252 | 120,031 109,335 | 161,413 166,917
Occupation known 280,479 275,654 | 119,805 109,097 | 160,674 166,557
Occupations in Systems Analysis and Programming 123,986 120,673 57,051 52,984 66,935, 67,689
Occupations in College and University Education 18,372 20,139 9,028 8,891 9,344 11,248
Computer-Related Occupations, n.e.c.* 11,290 11,826 3,768 3,527 7,522 8,299
Accountants, Auditors, and Related Occupations 11,097 10,455 4,076 3,259 7,021 7,196
Electrical/Electronics Engineering Occupations 10,297 9,861 3,690 3,168 6,607 6,693
Physicians and Surgeons 7,459 7,819 3,051 2,788 4,408 5,031
Mechanical Engineering Occupations 4,953 4,838 1,938 1,667 3,015 3,171
Occupations in Biological Sciences 4,715 4,835 2,082 2,005 2,633 2,830
Misc Professional, Technical, and Managerial
Occupations, n.e.c.* 5,015 4,496 1,888 1,505 3,127 2,991
Occupations In Economics 5,177 4,392 2,063 1,631 3,114 2,761
Miscellaneous Managers and Officials, n.e.c.* 4,839 4,374 1,361 1,050 3,478 3,324
Budget and Management Systems Analysis Occupations 4,618 4,334 2,087 1,815 2,531 2,519
Occupations in Administrative Specializations, n.e.c.* 4,485 4,169 1,940 1,526 2,545 2,643
Occupations in Architecture, Engineering, and
Surveying, n.e.c.* 4,393 3,967 1,502 1,250 2,891 2,717
Occupations in Medicine And Health, n.e.c.* 3,333 3,751 1,537 1,634 1,796 2,117
Occupations in Preschool, Primary School, and
Kindergarten Education 3,075 3,482 1,301 1,170 1,774 2,312
Civil Engineering Occupations 3,877 3,479 1,624 1,204 2,253 2,275
Occupations in Secondary Schoo! Education 3,010 3,418 1,359 1,468 1,651 1,950
Occupations in Data Communications and Networks. 2,653 2,935 956 1,175 1,697 1,760
Architectural Occupations 2,873 2,600 995 789 1,878 1,811
Other Occupations 40,962 39,811 16,508 14,591 24,454 25,220
Occupation Unknown 965 598 226 238 739 360

Notes: Occupations ranked on 2008 data.
*n.e.c. indicates not elsewhere classified.

13


Executive Summary

The American Competitiveness and Workforce Improvement Act (ACWIA), Public Law
105-277, Division C, imposes annual reporting requirements on U.S. Citizenship and
Immigration Services (USCIS) concerning the countries of origin and occupations of,
educational levels attained by, and compensation paid to, aliens who were issued visas or
otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the INA during the
previous fiscal year.

To fulfill this requirement, USCIS submits the following report for Fiscal Year 2008, October 1,
2007 — September 30, 2008.

Highlights

The number of H-1B petitions filed decreased 5 percent from 304,877 in Fiscal Year
2007 to 288,764 in Fiscal Year 2008.

The number of H-1B petitions approved decreased 2 percent from 281,444 in Fiscal Year
2007 to 276,252 in Fiscal Year 2008.

Approximately 54 percent of all H-1B petitions approved in Fiscal Year 2008 were for
workers born in India.

Two-thirds of H-1B petitions approved in Fiscal Year 2008 were for workers between the
ages of 25 and 34.

Forty-three percent of H-1B petitions approved in Fiscal Year 2008 were for workers
with a bachelor’s degree, 41 percent had a master’s degree, 11 percent had a doctorate,

and 5 percent were for workers with a professional degree.

Almost half of H-1B petitions approved in Fiscal Year 2008 were for workers in
computer-related occupations.

The median salary remained at $60,000 in Fiscal Year 2008, the same as in Fiscal Years
2006 and 2007.

iii


Foreword
MAY 0 12009

I am pleased to present the following report, “Annual Report on Characteristics of
Specialty Occupation Workers (H-1B) for Fiscal Year 2008” which has been prepared

by U.S. Citizenship and Immigration Services. The report has been compiled in response
to a legislative requirement accompanying the American Competitiveness and Workforce
Improvement Act of 1998 (P.L. 105-277).

The report provides information on the countries of origin and occupations of, educational
levels attained by, and compensation paid to, aliens who were issued visas or otherwise
provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and
Nationality Act (INA) during the previous fiscal year.

Pursuant to congressional requirements, this report is being provided to the following Members
of Congress:

The Honorable Patrick Leahy
Chairman, Senate Judiciary Committee

The Honorable Arlen Specter
Ranking Member, Senate Judiciary Committee

The Honorable John Conyers
Chairman, House Judiciary Committee

The Honorable Lamar Smith
Ranking Member, House Judiciary Committee

Inquiries relating to this report may be directed to the Department of Homeland Security Office
of Legislative Affairs at (202) 447-5890.

Sincerely,

Assistant Secretary
Office of Legislative Affairs


Section 3.4 — Distribution of petitions by education

Tables 6 and 7 show the highest level of education achieved by the beneficiaries at the time of the filing
of the petition. Employers are asked to provide the highest degree (domestic or foreign), but not training
or experience deemed equivalent to a degree. The reporting of a domestic or foreign degree is not
required in a standard format on USCIS or DOL forms. However, in nearly all cases, the petitioning
employer provides the information in supporting documentation. For degrees earned outside the United
States, the employer usually supplies a credential evaluation stating that the foreign degree is
“equivalent to” a particular U.S. degree. USCIS does not maintain separate data regarding whether the
degree was earned in the United States or abroad. (Data on beneficiaries with U.S. advanced degrees has
been available since May 2005.)

The breakdown of the highest level of education achieved by H-1B beneficiaries remained about the
same between Fiscal Years 2007 and 2008. As shown in Table 6, 43 percent of all H-1B petitions
approved for workers in 2008 reported that the beneficiary had earned the equivalent of a bachelor’s
degree; 41 percent a master’s degree; 11 percent a doctorate, and 5 percent a professional degree.
Altogether, 99 percent had earned at least a bachelor’s degree and 57 percent had earned at least a
master’s degree.

Table 6. H-1B Petitions Approved by Level of Education:
Fiscal Years 2005-2008

Level of Education FY 2005 FY 2006 FY 2007 FY 2008

Education known 100 100 100 100
Less than a Bachelor's degree 1 41 1 41
Bachelor's degree 45 45 44 43
Master's degree 37 39 40 41
Doctorate degree 12 1 10 11
Professional degree 5 5 5 5

Note: Sum of percents may not sum to 100 due to rounding.


Table 8B. H-1B Petitions Approved by Major Occupation Group of Beneficiary and
Type of Petition (Percent): Fiscal Years 2007 and 2008

All Initial Continuing
Beneficiaries Employment Employment
Occupational Category FY2007  FY2008 | FY2007  FY2008 | FY2007 FY 2008

Number Number | Number Number | Number Number

Occupation known 100 100 100 100 100 100
Computer-related occupations 49.8 49.6 52.0 53.2 48.1 47.3
Occupations in Architecture, Engineering, 10.1 123

and Surveying 11.4 10.9 9.2 12.0
Occupations in Education 9.3 10.5 10.5 11.3 8.4 9.9
Occupations in Administrative Specializations 8.9 8.5 8.1 7.3 9.6 9.2
Occupations in Medicine and Health 5.8 6.4 5.8 6.4 59 6.5
Managers and Officials n.e.c.* 3.5 3.2 2.4 24 4.3 4.0
Occupations in Life Sciences 25 25 2.5 26 24 2.5
Occupations in Mathematics and 24 23 2.0

Physical Sciences 24 2.2 21

Miscellaneous Professional,

Technical, and Managerial 2.0 1.9 18 1.6 a4 2.0
Occupations in Social Sciences 2.0 1.8 2.0 1.8 2.1 1.8
Occupations in Art 141 1.0 0.9 0.9 1.3 1.2
Occupations in Law and Jurisprudence 0.6 0.6 0.7 0.7 0.5 0.5
Occupations in Writing 0.4 0.4 0.4 0.3 0.5 0.4
Occupations in Entertainment

and Recreation 0.2 0.2 0.2 0.2 0.2 02
Fashion Models 0.2 0.2 0.3 0.1 0.1 0.2
Occupations in Museum, Library, 0.1 0.1 04

and Archival Sciences 0.1 01 0.1
Occupations in Religion and Theology 0.0 0.1 0.1 0.1 0.0 0.1

Occupation unknown

Notes: Occupations ranked based on 2008 data.
Sum of the percents may not add to 100.0 due to rounding,
Percents shown in the table are based on the total number of petitions approved with known occupations.
* nec. indicates not elsewhere classified.