The American Competitiveness in the 21st Century Act increased the H-1B cap to 195,000 for fiscal years 2000 through 2003, then returning the cap to 65,000 in fiscal year 2004. For INS fiscal year 2004 begins on October 1, 2003. Congress is not expected to increase the H-1B cap due to political pressure during a period of slow economic growth. However, the significant reduction in initial H-1B filings and H-1B change of status petitions may not exceed this lower cap. H-1B extensions and change of employer petitions are not subject to the annual H-1B cap. Only first time petitions where the beneficiary has not held H-1B status before, or where at least one year has elapsed since the beneficiary has been inside of the United States. Initial filings are most commonly changes from another status to H-1B status, or where the beneficiary is outside the United States.
The filing fee for H-1B cases is scheduled to be reduced to $130 from its current $1,130, but proposed legislation in the US Congress may result in the cap being reduced to 65,000 and the filing fee being held to $1,130 per case. As always, second and subsequent extensions with the same employer do not pay the additional $1,000 DOL "training fee" and the same is true for cases filed by "institutions of higher learning" and those organizations affiliated with them.