USCIS Issues H1B Cap Estimates
Posted Dec 19, 2003

One of the major questions in immigration law from foreign nationals, employers and practitioners, is, "When will the H1B cap be reached?" According to the most recent information available, the USCIS predicts that the cap will likely not be reached until spring 2004. The USCIS, however, will only give firm dates after January 31, 2004 when they obtain the latest statistical update on the movement of H1B numbers.

We highlighted particular concerns about the cap in our October 10, 2003 MurthyBulletin article, H1B Cap Much Earlier than Anticipated, available on MurthyDotCom. To keep on top of this important issue, the American Immigration Lawyers Association (AILA) has been in periodic contact with the USCIS to determine when the H1B cap might be reached. According to a mid-December 2003 response from William R. Yates, Deputy Director for USCIS, the 65,000 limit for cap-subject H1Bs is likely sufficient to last until sometime in the spring of 2004. Further, Mr. Yates states that the USCIS will provide a projected date for reaching the cap at the end of January 2004.

While this is good news for those who will be filing for an H1B in the near future, it should not create a false sense of security. The predictions are, presumably, based upon the number of cap-subject filings made to date. Our experience is that cap-subject people are doing all that they can to get their cases filed without delay, and that they are using premium processing. This appears to be the best approach, in light of the uncertainty surrounding the date when the cap will be reached. We stand by our recommendation to MurthyDotCom and MurthyBulletin readers that persons with H1B cap-subject cases should consider premium processing unless or until the USCIS indicates that they will no longer accept premium processing for these cases. We will continue to monitor the H1B cap issue so that MurthyBulletin subscribers and MurthyDotCom visitors may plan accordingly.