Unless Congress acts by September 30, 2003, many provisions of the H-1B visa program will sunset on October 1, 2003.
When the American Competitiveness and Workforce Improvement Act (ACWIA) was enacted, it contained a sunset provision wherein the annual limit on H1-B petitions would return to its previous level of 65,000 from the 195,000 authorized by the statute.
The new limitation (H1B cap) of 65,000 will NOT apply to:
1) a nonimmigrant sponsored for an H-1B visa by a higher education institution and non-profit entity related to or affiliated with any such institution.
2) an H-1B visa petition filed by a non-profit research organization or a governmental research organization.
3) H-1B visa extensions.
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