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02/18/2004 Entry: "H-1B CAP has been reached"

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. See also attached H-1B Fact Sheet for 2003.

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.
Returned petitions will be accompanied by the filing fee
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
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.

Click here to read the fact sheet.

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