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U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) REACHES H-1B CAP USCIS announced today (Tuesday, February 17, 2004) that it had received enough H-1B petitions to meet this fiscal year’s cap. After today, USCIS will not accept any new H-1B petitions for first-time employment subject to the fiscal year 2004 annual cap of 65,000, unless they are exempt from the cap. Pursuant to a February 17, 2004 U.S. Department of Homeland Security Press Release, the agency has implemented the following procedures for the remainder of FY 2004: USCIS will process all petitions for first-time employment that were received by the end of business Tuesday, February 17, 2004. USCIS will return all petitions for first-time employment subject to the annual cap received after the end of business Tuesday, February 17, 2004. Returned petitions will be accompanied by the filing fee. The earliest date a petitioner may file a petition requesting a FY 2005 H-1B employment with a start date of October 1, 2004 would be April 1, 2004. Please keep in mind that petitions for current H-1B workers do not count toward the cap. Accordingly, the USCIS will continue to process petitions filed to: Extend the amount of a 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. Allow current H-1B workers to work concurrently in a second H-1B petition. For more information about the H-1B Cap and how it may or may not affect you, please review the Press release, at: http://uscis.gov/graphics/publicaffairs/newsrels/h1bcap_NR.pdf and contact our office to discuss further. POSTED: FEBRUARY 18, 2004

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