USCIS Reaches H-1B Cap on February 17, 2004

USCIS announced Tuesday that it has received enough H-1B petitions to meet this year's cap for 65,000 new work visas. USCIS will not accept any new H-1B petitions for first-time employment to which the cap applies for the 2004 fiscal year.

USCIS will return all petitions for first-time employment subject to the annual cap received after Tuesday, February 17, 2004, accompanied by the filing fee.

Petitioners may re-submit their petitions when H-1B visas become available for FY 2005. The earliest date to file a petition requesting FY 2005 H-1B employment with a start date of October 1, 2004 would be April 1, 2004.

Petitions for current H-1B workers do not count towards the congressionally mandated H-1B annaul cap. Therefore, USCIS will continue to process petitions filed to: extend the amount of time a current H-1B worker may remain in the United States, change the terms of employment for current H-1B workers, allow current H-1B workers to change employers and allow current H-1B workers to work concurrently in a second H-1B position.

USCIS also says that petitions for new H-1B employment are not subject to the annual cap if the worker is to be employed at an institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization or a governmental research organization. USCIS will also continue to process H-1B petitions for workers from Singapore and Chile consistent with Public Laws 108-77 and 108-78.