New H-1B visas exhausted until October 1, 2005
October 04, 2004
USCIS announced at approximately 8:00 p.m. on October 1, 2004, the first day of fiscal year 2005, that it has enough H-1Bs in the pipeline to satisfy all of the fiscal 2005 cap numbers. All cap-subject cases received after the end of business on October 1 will be returned to the petitioners. In other words, no new H-1B petitions can be approved for fiscal year 2005.
Please keep in mind these important facts:
- Individuals who are already on H-1B visas, and have been counted against the cap, will not be affected by this development. Individuals on existing H-1B visas can obtain extensions and can change companies as long as they have previously been counted against the H-1B cap.
- Individuals working at colleges and universities, nonprofit entities related or affiliated with colleges and universities, nonprofit research organizations, and governmental research laboratories are not subject to the H-1B cap.
- USCIS will start accepting petitions for fiscal year 2006 H-1B visas on April 1, 2005. Companies should start preparing for the April 1, 2005 date early in 2005.
- There are a number of alternatives to H-1B status which allow individuals to work in the United States. Please contact us if you would like to explore these alternatives to H-1B status.
- If you hire an individual based upon F-1 Optional Practical Training status, please contact us immediately to discuss the timing of an H-1B petition.
- There are some efforts on Capitol Hill to create more H-1B visas, although it is unlikely that anything will be done prior to the presidential election. It is very important that you contact your Congressperson and/or Senator to encourage him or her to support efforts to expand available H-1B visas.
Please call us if you have any questions.
