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H-1B CAP REACHED BEFORE THE YEAR BEGINS
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Posted on October 4, 2004 H-1B CAP REACHED BEFORE THE YEAR BEGINS On October 1, 2004 the USCIS announced that it has enough cap-subject H-1B petitions in the pipeline to meet the fiscal year 2005 cap. The USCIS said that it will return all cap-subject petitions received after October 1, 2004 to employers who filed them. The next date on which cap-subject H-1B filings can be accepted by USCIS will be April 1, 2005 (for a start work date on or after October 1, 2005). The cap applies only to new H-1Bs. It does not apply to extensions, and H-1B holders whose were counted at least once against the cap. Many in the business community agree that there is something wrong with this picture: the cap was reached before the new fiscal year started. Immigration advocates and employers are asking Congress to increase this year's cap. It appears that if Congress does so, the cap will be lifted for positions requiring at least a Master's Degree and the price to pay will be curtailing the L-1 program by introducing a Labor Condition Application requirement for L-1s and eliminating L-1s for "functional managers." |