NEWSLETTER FOR AUGUST 25, 2004
Status of FY2005 H-1B cap
As you are aware, the CIS has used all FY2004 H-1B visa numbers and has
since April 1 been accepting petitions against the FY2005 (October 1,
2004-September 30, 2005) cap of 65,000 available visas. As of August
4, CIS reported that it had received 40,000 cap-subject H-1B filings subject to the FY2005 cap. Of those, 21,000 have been approved and the rest are still in the
pipeline. Remember that although the cap is 65,000, as a practical matter, the
cap is 58,200 because the remaining numbers are set aside for H-1Bs under free
trade agreements with Singapore and Chile. Leftover Chile/Singapore numbers
from FY2004 will be added back in to the FY2005 limit, but not until October 1 and
they will all have to be adjudicated before November 15. We STRONGLY advise
companies to file immediately and via premium processing for any new
cap-subject H-1Bs.
Reminder regarding new photo requirements
Please be reminded that the photograph requirements for all immigration
photos is changing effective September 1 to require passport-style
(full frontal)
photographs instead of the previously required ADIT- or
immigration-style (3/4
view) photos. photo requirements (remember to get new photos for upcoming CIS
interviews). New photo specifications can be found at
http://travel.state.gov/passport/pptphotos/guide.pdf. Remember that if
you have an adjustment of status interview scheduled and you previously provided 3/4 view pictures, you will need to bring new pictures to the interview.
Nonimmigrant visa wait times are now available
The State Department, noting the importance of advance travel planning
and early visa applications, is attempting to estimate how long you will
have to wait for a visa interview and for nonimmigrant visa processing when you
are abroad. Estimated visa issuance waiting times can now be found at
http://travel.state.gov/visa/tempvisitors_wait.php. Please note that
this pertains to the issuance of visas only, NOT the petition process with the CIS in the
United States.