October 4 2004

The CIS announced Friday that it had received enough H-1B petitions to meet the congressionally-mandated cap of 65,000 H-1B's for fiscal year 2005. Fiscal year 2005 started on October 1, 2004.

For employers wishing to hire an employee in H-1B status, who does not already have H-1B status, the only option is to wait and file for fiscal year 2006. The earliest date a petitioner can submit an H-1B petition for fiscal year 2006 is April 1, 2005.

H-1B petitions that do not count towards the annual cap, and can continue to be filed, are those petitions to:

• Extend the amount of time a current H-1B worker may remain in the U.S.,
• Change the terms of employment for a current H-1B worker,
• Allow a current H-1B worker to change employers,
• Allow a current H-1B worker to work concurrently in a second H-1B position,
• Employ a worker at an institution of higher education or a related nonprofit entity, and
• Employ a worker at a nonprofit research organization or a governmental research organization.