Breaking News:Only 10,000 FY 2005 H-1B Cap Left

Washington, D.C.– U.S. Citizenship and Immigration Services (USCIS) announced today (August 18) that it has received 45,900 H-1B petitions that will count against the Congressionally-mandated cap for fiscal year 2005 (October 1, 2004 through September 30, 2005). The limit in fiscal year 2005 is 65,000.

Established by the Immigration Act of 1990, the H-1B visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors.

The Congressionally-mandated cap limits the number of requests for initial employment that USCIS may approve each year. Petitions seeking extensions or modifications to current H-1B employment are not counted against the cap. In addition, persons working for employers statutorily exempt from the cap (such as institutions of higher education, or nonprofit research organizations) are not counted against the cap.

-USCIS-

Since we do not know how many of these Caps have been used for the Free Trade Agreements (FTA) with Singapore and Chile, we would predict that there might still be 5,000 of the left available cap that will be reserved for the FTA. Therefore, the available cap number might drop down to about 10,000 only. Like we predicted previously, FY 2005 cap will be used up before the fiscal year starts, so if you have a chance to make the petition in time this year, now is the time to file it; otherwise, it'll be too late.

(09/04/2004)

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