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March 4, 2005

USCIS TO IMPLEMENT H-1B VISA REFORM ACT OF 2004

The USCIS Advises Employers Not to File Petitions Until New Guidance is Issued.

This refers to the 20,000 additional visas being made available to US University Master Degree Holders.

Washington, D.C.– U.S. Citizenship and Immigration Services (USCIS) is currently preparing guidance for the implementation of the Omnibus Appropriations Act for Fiscal Year 2005 which created a new exemption from the annual H-1B congressionally mandated cap of 65,000 visas.

While the applicable provisions of the H-1B Visa Reform Act become effective March 9, 2005, USCIS advises employers not to file H-1B petitions seeking to employ an H-1B worker who may benefit from these provisions until USCIS publishes guidance in the Federal Register.

USCIS will reject any new H-1B petition that is filed in advance of the effective filing date as established in the forthcoming Federal Register notice.

Click here for USCIS Press Release.