February 17 2004

U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough H-1B petitions to meet this year's congressionally mandated cap of 65,000 new workers. The USCIS will no longer accept any new H-1B petitions for first-time employment subject to the FY 2004 annual cap.

USCIS has implemented the following procedure for the remainder of FY 2004:

• USCIS will return all petitions for first-time employment subject to the annual cap received after February 17, 2004.
• Returned petitions will be accompanied by the filing fee.
• Petitioners may re-submit their petitions when H-1B visas become available for FY 2005.
• The earliest date a petitioner may file a petition requesting FY 2005 H-1B employment with an employment 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 cap. Accordingly, 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
• Allow current H-1B workers to work concurrently in a second H-1B position

USCIS also notes that petitions for new H-1B employment are not subject to the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at 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.