USCIS announced on March 8, 2005 that it is preparing regulations that will implement the procedures for petitioners to file cases for H-1B workers under the Omnibus Appropriations Act for Fiscal Year 2005 which exempted an additional 20,000 H-1B visas from the cap.

Contrary to previous announcements, however, the available petitions for fiscal year 2005 will be applied to ALL QUALIFIED H-1B NON-IMMIGRANT ALIENS, and not limited to those individuals holding a master's or higher degree from a U.S. institution of higher learning.

The effective date of the H-1B Reform Act is March 8, 2005. However, USCIS will reject any new H-1B petitions filed prior to the regulations being published. Petitioners wishing to take advantage of this opportunity should be prepared to file cases as soon as permitted by USCIS.

Please contact us immediately regarding any H-1B hires that you may have prior to October 1, 2005.