As of fiscal year 2004 (10/01/2003-9/30/2004), there are only 65,000 H-1B visas available for new petitions, compared with 195,000 visas available in fiscal year 2003.  The H-1B cap was reached for fiscal year 2004 on 2/17/2004.  USCIS began allocating visas for fiscal year 2005 on 4/1/2004, six months prior to the start of the fiscal year. Visa numbers for fiscal year 2005 have nearly expired, creating a backlog for H-1B petitions until fiscal year 2006.  Businesses affected by the backlog should contact their local US congresspeople to demand a significant raise in the H-1B cap beginning in fiscal year 2005.

There are currently three H-1B classifications:

• Workers in specialty occupations;
• Aliens in Department of Defense Projects; and
• Prominent Fashion Models.

To be classified as an H-1B worker in the specialty occupations, a noncitizen must be coming to the United States to perform services in ''an occupation that requires: (A) theoretical and practical application of a body of highly specialized knowledge and (B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.'' Such occupations include, but are not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

To determine whether a given position qualifies as a specialty occupation, the Immigration Service applies the following criteria:

• A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
• The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
• The employer normally requires a degree or its equivalent for the position;
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

• The beneficiary has three years of specialized training and/or work experience for every year lacking at the university level.
• The beneficiary's training and/or work experience include(s) practical and theoretical application of specialized knowledge required by the specialty occupation.
• The experience has been gained while working with peers, supervisors, and subordinates who have a degree or its equivalent in the specialty occupation.
• The beneficiary's expertise in the specialty is evidenced by at least one type of documentation, such as: (1) recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation; (2) membership in a recognized foreign or U.S. association or society in the specialty occupation; (3) published material by or about the alien in professional publications, books, trade journals or major newspapers; (4) licensure or registration to practice the specialty occupation in a foreign country; (5) achievements determined by a recognized authority as significant contributions to the field of the specialty occupation.