 INS ANNOUNCES DURATION OF STATUS RULES FOR F-1 AND J-1 NONIMMIGRANTS SEEKING H-1B VISAS
As part of the implementation of rules and procedures concerning the reaching of the H-1B cap, the INS has announced an interim rule allowing F-1 and J-1 nonimmigrants who would be the beneficiary of an H-1B visa that is currently on file with the INS to maintain legal status until the INS adjudicates the petition. The rule became effective on June 15, 1999, and will be open for comments until August 16, 1999.
F-1 nonimmigrants are foreign nationals who are in the US as bona fide students in a full-time course of study. J-1 nonimmigrants are foreign nationals who are in the US, studying, teaching, or researching in a program designated by the United States Information Agency. These classes of nonimmigrants often seek H-1B visas following their course of study. The H-1B cap for fiscal year 1999, which runs from October 1, 1998 to September 30, 1999, was reached on June 15, 1999, leaving many F-1 and J-1 nonimmigrants out in the cold, so to speak. Their current visa status may expire before the INS adjudicates the H-1B petition, forcing them to leave the US. This new rule will allow certain F-1 and J-1 visa holders to remain in the US and in status until the H-1B petition is adjudicated.
To be eligible for extension of the period of duration of status under this rule, the F-1 or J-1 nonimmigrant must be the intended beneficiary of a pending H-1B petition, which the INS is prevented from adjudicating because the annual cap has been reached. The nonimmigrant must have maintained status throughout his stay in the US (e.g. complied with employment rules, maintained full course of study, etc.). Also, for J-1 nonimmigrants to be eligible, they must not be subject to the two year home residency requirement.
Duration of status is also being extended to F-2 and J-2 dependents of the F-1 or J-1 nonimmigrant. Employment authorization will NOT be extended along with the extension of duration of status.
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