August 26, 2004

FY 2005 H-1B Cap Update

Last year many employers lost out on the ability to hire foreign professional workers because of the reduction in the numerical cap for H-1B professionals who can enter the United States.

The H-1B FY 2005 cap may be reached shortly. The U.S. Citizenship and Immigration Services (USCIS) announced the figures for the H-1B filings currently in the pipeline for FY 2005. As of August 4, 2004, the USCIS had received 40,000 H-1B filings subject to the FY 2005 cap. The overall quota for H-1B filing is 65,000 for FY 2005. However, 6,800 H-1Bs per year are set aside for the Chile and Singapore Free Trade Agreement. The quota has significantly decreased to 58,200. There are 16,000 left for FY 2005 and it is feared that the FY 2005 H-1B cap will be reached earlier this year is very real.

We are advising employers to file petitions as soon as possible for prospective employees and for students working on F-1 OPT training. GT is working with Congressional offices to find a solution to the impending problem and will keep you updated.