October 5, 2004

USCIS Reaches H-1B Cap

As of Friday, October 1, the congressionally-mandated H-1B cap for fiscal year 2005 was reached. Therefore, no new cap-cases may be submitted until April 1, 2005, when filings for FY 2006 begin.

This announcement does not affect H-1B petition filings to: a) extend or b) amend status c) petitions filed to reflect a change of employer nor d) those seeking to work concurrently in a second H-1B position. In addition, those aliens seeking employment at certain institutions of higher education, nonprofit entities, nonprofit research or government research organizations are not affected by the cap.

The total annual H-1B number was reduced in FY 2005 from a total of 65,000 to 58,200 since Congress set aside 6,800 for the professional visas under the terms of the Trade Agreements entered into by the US with Chile and with Singapore. Those petitions submitted for FY 2006 and approved at that time will have an employment start date of October 1, 2005. Without Congressional intervention, this cap will be reached quickly.

Congress has a number of options to enhance the cap (by exempting from the count certain occupations or those with advanced degrees) or increasing it. The former action is more likely than the latter. But Congress will not act without hearing from employers and others who need access to these professionals. If you are interested in legislative activity on this issue, or in helping this effort, please contact Laura Reiff or Elissa McGovern.

GT will continue to monitor the activities of both USCIS and Congress on this issue.

  USCIS Press Release (PDF/27 kb, 2 pages)