May 25, 2005

USCIS Announces Update Regarding New H-1B Exemptions

USCIS has announced that as of May 20, 2005, it had received 6,393 H-1B petitions that count against the additional 20,000 numbers for holders of advanced degrees from U.S. universities.

Background

H-1B visas for the current fiscal year 2005 were allocated by October 1, 2004, before the year even started. Congress passed new legislation that had the effect of authorizing an additional 20,000 visas for FY 2005, but limited these visas to beneficiaries with US earned degrees at the Master's level or higher. On March 8, USCIS issued a press release indicating that additional H-1B visa numbers would be available to all qualified H-1B beneficiaries, and not just those with Master's level or higher (based on their review of those given out in FY2005 to that point). In last few weeks, the regulation was amended to include only those with advanced degrees. Finally, the new regulation took effect on May 12. USCIS also announced for those who already filed for fiscal year 2006 numbers may request an earlier date by submitting the following:

1. A letter requesting the earlier date
2. A certified labor condition application valid for an earlier date
3. Evidence of the prior filing for the later date.

Greenberg Traurig expects that these 20,000 additional visa numbers will be used quickly. As always, Greenberg Traurig will continue to provide the updates and information about U.S. immigration provisions and changes to all immigrants in the U.S.

  USCIS Public Notice (PDF/102 kb, 1 page)