H1B Cap Cutoff Announcement Expected Soon

The American Immigration Lawyers Association (AILA) reported on February 10, 2004 that an official announcement regarding the H1B cap cutoff is expected in the very near future. The AILA information is not official, but is based on sources considered reliable. According to the information, it is believed that the number of cap-subject H1B cases approved or filed is equal to the cap number. More information about the H1B cap is available in our October 10, 2003 MurthyBulletin article, H1B Cap Much Earlier than Anticipated, available on MurthyDotCom.

Once the USCIS makes the determination that the H1B cap has been reached, the USCIS most likely will not accept additional cap-reliant petitions until fiscal year (FY) 2005, which begins October 1, 2004. These filings can be made up to six months in advance. Of course, Congress and the President could pass a law to increase the cap and allow additional filings.

Employers who do not wish to be caught by the cap limits in FY2005 should interview potential candidates now and have their petitions ready to file for the FY2005 cap. We will continue to update MurthyDotCom and MurthyBulletin readers on this important issue, as more information becomes available.