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Feb
17, 2004- USCIS Reaches H-1B Cap!
Press Office
U.S. Department of Homeland Security
February 17, 2004
Contact: USCIS, Public Affairs
202-353-8472
Press Release
USCIS ANNOUNCES NEW H-1B PROCEDURES - REACHES CAP
Washington, D.C.-- U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet this year's congressionally mandated cap of 65,000 new workers. After today, USCIS will not accept any new H-1B petitions for first-time employment subject to the FY 2004 annual cap.
USCIS has
implemented the following procedure for the remainder of FY 2004:
-
USCIS will
process all petitions filed for first-time employment received by the
end of business today.
-
USCIS will
return all petitions for first-time employment subject to the annual cap
received after the end of business today.
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Returned
petitions will be accompanied by the filing fee
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Petitioners
may re-submit their petitions when H-1B visas become available for FY
2005
-
The earliest
date a petitioner may file a petition requesting FY 2005 H-1B employment
with an employment start date of October 1, 2004, would be April 1, 2004
Petitions for
current H-1B workers do not count towards the congressionally mandated H-1B
cap. Accordingly, USCIS will continue to process petitions filed to:
-
Extend the
amount of time a current H-1B worker may remain in the United States
-
Change the
terms of employment for current H-1B workers
-
Allow
current H-1B workers to change employers
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Allow
current H-1B workers to work concurrently in a second H-1B position
USCIS also notes that petitions for new H-1B employment are not subject to the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization. USCIS will also continue to process H-1B petitions for workers from Singapore and Chile consistent with Public Laws 108-77 and 108-78.
On March 1, 2003, U.S. Citizenship and Immigration Services became one of three legacy INS components to join the U.S. Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services, while enhancing our nation's security.
Feb
12, 2004- Reliable Sources Indicate the H-1B Cap Will Soon Be Reached
Reliable
sources have indicated that enough cap-subject H-1Bs have been approved or
are in the pipeline to reach the cap for this fiscal year, and that a notice
cutting off cap-subject H-1B filings is imminent. Details will be
forthcoming as AILA obtains them.
Nankin & Verma PLLC thanks the American Immigration Lawyers
Association (“AILA”) for this information.
Copyright © 2005 by Nankin & Verma PLLC.
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