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Published by Greg Siskind, partner at Siskind Susser, Immigration Lawyers; telephone: 800-343-4890 or 901-682-6455; facsimile: 800-684-1267, email: gsiskind@visalaw.com, WWW home page: http://www.visalaw.com/.
Siskind Susser serves immigration clients throughout the world from its offices in the US, Canada, Mexico, Argentina and the People's Republic of China . To schedule a telephone or in-person consultation with the firm, go to http://www.visalaw.com/intake.html.
Editor: Greg Siskind
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USCIS Announces Plans for 20,000 Bonus H-1B Visas
Dear Readers:
The USCIS announced today that it intends to begin accepting H-1B petitions under the "bonus" 20,000 visa quota passed by Congress last December within the next few days. They must still issue a notice in the Federal Register, but that is expected soon.
The big, big news is that ALL H-1B candidates can apply for one of these visas and not just people with degrees from US graduate programs. This is broader than what Congress authorized and USCIS did not offer an explanation for this.
The text of the announcement from USCIS was as follows:
"USCIS TO IMPLEMENT H-1B VISA REFORM ACT OF 2004
Washington, DC –U.S. Citizenship and Immigration Services (USCIS) currently is preparing regulations for the implementation of the Omnibus Appropriations Act for Fiscal Year 2005. Pursuant to an exemption established under this Act, USCIS will be able to process additional petitions for H-1B workers for FY 2005. The available petitions for FY 2005 will be applied to all qualified H-1B nonimmigrant aliens, and will not be limited to those individuals holding a master’s degree or higher degree from a U.S. institution of higher learning.
USCIS previously reported that the applicable provisions of the H-1B Visa Reform Act become effective on March 9, 2005. The correct effective date is March 8, 2005. However, USCIS advises employers not to file H-1B petitions seeking approval for workers who may benefit from these provisions until USCIS publishes a rule concerning the Visa Reform Act and related issues. USCIS will reject any new H-1B petition that is received prior to the filing date set forth in the regulations.
Complete information, including the exact date and address for filing, will be published in the Federal Register as soon as possible. However, employers also should be aware that the filing date announced in the regulation may occur shortly after publication of the regulation. Employers should monitor the Federal Register and www.uscis.gov and prepare their filings accordingly."
We will inform readers when we know more details.
Regards,
Greg Siskind
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. |