Immigration Service Issues Estimates on H-1B Cap

Many foreign nationals, employers and practitioners are concerned about the 65,000 cap on the number of H-1B visas to be issued in the 2003-2004 fiscal year. According to the most recent information available, the U.S. Citizenship and Immigration Services (USCIS) predicts that the cap may be reached in the Spring of 2004.

The USCIS will get a statistical update on the H-1B numbers on January 31, 2004. According to William R. Yates, Deputy Director for USCIS, the USCIS will provide a projected date for reaching the H-1B cap at the end of January 2004.

While those who are filing for an H-1B early in the year may be reassured, it should not create a false sense of security. The predictions are based on the number of H-1B petitions made to date which are subject to the cap. Prospective H-1B petitioners should seek to file their cases as early in the year as possible, and may want to consider using the premium processing service.

Note that only new petitions for H-1B visa status are counted toward the 65,000 cap.  Those individuals who currently hold H-1B status and file an extension of stay or change of employer are not subject to the quota.