September 7, 2004

Update on H-1B Cap

As we have reported previously, we are close to reaching the fiscal year 2004 cap on H-1B visas. The Citizenship and Immigration Services issued a press release on September 2, 2004 advising that as of August 18, 2004, 45,900 H-1Bs have been counted against the H-1B cap, leaving a mere 12,300 to be captured. 6,800 are set aside for Chile/Singapore Free Trade Agreement (FTA) H-1B visas and any of those numbers unused at the end of the fiscal year end will be added back into the quota, but can only be used for H-1B cases adjudicated during the first 45 days of the new 2005 fiscal year.

Greenberg Traurig will provide updates as they become available.

Please refer to our previous posting on this issue for further background on the H-1B cap.