Update on Additional 20,000 H-1B Visas



On December 8, 2004 President Bush signed the Consolidated Appropriations Act of 2005 into law. This act authorizes funds for the federal government for another year. The law included several changes to the H-1B category.

Among these changes, the bill exempts from the H-1B visa cap 20,000 H-1B visas for foreign nationals with masters or higher-level degrees from U.S. universities. This provision has been a point of confusion among concerned parties.

In March the U.S. Citizenship and Immigration Services (USCIS) announced that contrary to the letter of the new law, the additional 20,000 H-1B visas would be available to all qualified H-1B applicants, not just foreign nationals with advanced degrees. In a recent interview the American Immigration Lawyers Association (AILA) conducted with a USCIS official, the official could not confirm that the USCIS would adhere to this announcement. The additional 20,000 H-1B visas were supposed to be available starting March 8, 2005.

Although March 8 has come and gone, no one can apply for the additional 20,000 H-1B visa numbers until the USCIS issues regulations implementing the new law. The regulation is awaiting clearance from the Office of Management and Budget. Further contributing to the H-1B confusion, the USCIS recently announced that they miscounted their FY 2005 visa numbers, mistakenly approving 10,000 H-1B petitions too many.

We do not believe that this mistake will have any effect on the additional 20,000 visas allocated for this year. This situation illustrates the volatility of the immigration system. However, one message is clear: if you are considering filing an H-1B petition, prepare your case as soon as possible for filing.

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