October 4, 2002

Relief for H-1B Holders – H-1B Seventh-Year Extensions for Pending Labor Certifications, Other Fixes in DOJ Reauthorization Bill

The Senate last evening passed the Department of Justice Authorization Bill, HR 2215. That bill contains provisions drafted and lobbied for by Greenberg Traurig that would apply the so-called "seventh-year extensions" to labor certifications that have been pending for more than one year prior to the end of the nonimmigrant worker’s sixth year in H status. This provision allows nonimmigrants who have labor certification applications caught in lengthy agency backlogs to extend status beyond the 6th year limitation or, if they have already exceeded such limitation, to have a new H-1B petition approved so they can apply for an H-1B visa to return from abroad or otherwise re-obtain H-1B status.  This is a necessary complement to the H-1B extension legislation that was passed in 2000 permitting extensions beyond the 6 year maximum for persons with pending permanent residence applications.

The bill will also expand the Conrad program for J-1 waivers of the two-year home country presence requirement from 20 to 30 waivers per state and extend the program for two years. In addition, it address certain immigrant investor issues. The bill, which had passed the House last week, is also notable as the first DOJ reauthorization to be passed by both houses in more than 13 years. It now goes to the President for signature.

We will keep you apprised of the President’s action on this bill; he is expected to sign the bill shortly.