NEWS FLASH:
H-IB CAP FOR FY 2005 NEARLY REACHED

August 20, 2004

Government authorities confirmed a rumor today that approximately 40,000 H-1B petitions that count against the 65,000 cap on new H-1B approvals for FY 2005 (10/1/2004 through 9/30/2005) either have been approved or are in the queue for adjudication.  The 65,000 cap includes a number of H-1Bs reserved for citizens of Chile and Singapore under the recent Free Trade Agreement with those countries.  Allowing for the Chile/Singapore set-aside, it is probable that new, cap-subject H-1B petitions filed with USCIS (the former INS) after September 2004 will not be accorded approval under the FY 2005 cap.  H-1Bs under the FY 2006 cap will not be effective until October 1, 2005. 

It is important to note that only “new” H-1B petitions are subject to the annual cap. Petitions to amend or extend an existing H-1B or to change H-1B employers are not subject to the cap. Employers planning to file “new” H-1B petitions should consult with their immigration counsel as soon as possible on the appropriate strategy for such cases. 

Disclaimer

This News Flash is not intended as legal advice in any specific case. The facts of a specific case may render the information in this News Flash inapplicable. We provide this News Flash for informational purposes only on our web site.