September 17, 2003

H-1B Cap and Sunset on ACWIA Fee

In October, the H-1B cap will revert to 65,000 from 195,000. Please refer to our August 2003 newsletter article 65,000 H-1B Visa - Will Our Economy Benefit or Hurt When the Cap Goes Back Down?

Employers who utilize the H-1B program extensively will know that this is a huge reduction in availability of the H-1B program for the employment of foreign nationals on a temporary basis in a professional occupation. In addition, the $1,000 training fee implemented by the American Competiveness and Workforce Improvement Act (ACWIA) will no longer be required unless Congress moves to extend this . William Yates, the Associate Director of the Bureau of Citizenship and Immigration Services, issued a memorandum to all Service Center Directors on September 15, 2003 to reinterate that the $1,000 fee will no longer required and advising that all petitions that include the $1,000 fee should be rejected after October 1, 2003.