USCIS Reaches H-1B Cap: printer friendly version USCIS Reaches H-1B Cap Cite as "Posted on AILA InfoNet at Doc. No. 04021711 (Feb. 17, 2004) ." Press Office USCIS ANNOUNCES NEW H-1B PROCEDURES - REACHES CAP 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. On
March 1, 2003, U.S Citizenship and Immigration Services became one of
three legacy INS components to join the U.S. Department of Homeland
Security. USCIS is charged with fundamentally transforming and improving
the delivery of immigration and citizenship services, while enhancing
our nation's security. The Los Angeles Times recently reported that the backlog of immigrant paperwork is growing. Despite his resolve to reduce waiting times on green card application to no longer than six months, the opposite has happened – more people than ever are facing longer-than-ever delays. “Green cards that would have taken 14 months to process in 2001 are now averaging 33 months. The number of pending applications for such things as replacing a lost green card and obtaining citizenship has shot up nearly 60% to about 6.2 million. Cases more than 6 months old have increased by 89% since 2000 from 1.8 million to 3.4 million, according to the government. The main reason for the delays is the increased security checks since the Sept. 11 attacks, according to the Bush administration. But congressional investigators and other critics say insufficient funding, lack of personnel and other shortfalls are also to blame. The costs and consequences of
the growing delays go beyond personal heartache. Businesses that rely
on foreign professionals are facing logistical headaches and added legal
costs to maintain their workforces. Family members sponsoring a relative
have died while the process dragged on. And some immigrants have lapsed
into illegality risking deportation, because work permits or other papers
have expired.” |