H-1B visas allow U.S. businesses to temporarily hire qualified foreign employees in specialty occupations. Beginning October 1, 2003, significant changes to the H-1B Visa Program will take effect.

H-1B Numerical Cap

Currently, 195,000 H-1B visas are available each year. On October 1, 2003, that number will drop significantly to 65,000. Due to the decrease in available visas, H-1B numbers may run out before the end of FY 2004.

The first annual numerical cap imposed on the H-1B program was set in 1990 at 65,000. The cap was prematurely reached in 1997, 1998, 1999 and 2000. Once the cap was reached for a particular fiscal year, all additional H-1B petitions were returned until the new fiscal year began. This prompted Congress to raise the annual cap to 115,000 for FY 1999 and FY 2000, and then to 195,000 for FY 2001-2003. In the absence of further legislation, the cap reverts back to the initial 65,000 on October 1, 2003.

H-1B Filing Fee

Petitions filed on or after October 1, 2003, will no longer be required to submit the additional filing fee of $1,000, unless new legislation is enacted. Any petition filed on or after October 1, 2003 that includes the $1,000 training fee will be rejected as improperly filed. If payment is sent in separate checks, the $1,000 fee can be rejected and the petition and filing fee may be accepted.

Although the $1,000 training fee will no longer be required, petitioners still need to file Form I-129W. The importance of this form is that it tracks the number of new H-1B petitions approved each fiscal year, ensuring adherence to the H-1B numerical cap. This form will be revised to omit all references to the training fee. Until then, it may be filed omitting the filing fee information in Part B.

Teressa Accurso Dickman
Law Offices of Teressa Accurso Dickman, P.A.
www.ImmigratingToAmerica.com

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