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November 22, 2004
H-1B and L Nonimmigrant Provisions Pass House, Senate
On Saturday, November 20, 2004, the House and Senate both passed HR 4818,
the Consolidated Appropriations Act of 2005. Division J of that bill contains
some of the most significant work-related nonimmigrant visa provisions that
have been enacted in the recent past. GT attorneys worked closely with Congress
in the drafting and negotiating of this legislation, which we expect the
President to sign in the next few days.
This bill, if implemented in a timely manner by USCIS, has the ability
to make available additional H-1B numbers in this fiscal year. This will
be of significant benefit to those who were shut out this year or taken
by surprise by this year’s early reaching of the 65,000 annual numerical
limit. It will benefit now and in future those who have attained a US master’s
or higher degree, enabling US employers to reap the benefit of those who
obtain advanced degrees here. In exchange, former fees paid by employers
for the privilege of employing H-1Bs have been resurrected and expanded
to include new fees and new categories, making the hiring of an H-1B nonimmigrant
a more expensive proposition.
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