1/20/2005

The recent law change assigned 20,000 special annual H-1B numbers for those foreign professionals who hold a master's degree from U.S. higher learning institutions.

USCIS needs to announce its policy as to when the eligible aliens will be able to file these cases. This provision will not be effective until March 8, 2005. But USCIS can take and process these cases even before March 8, 2005 and approve the cases with the valid date of March 8, 2005. However, because of the $500 fraud prevention fee which they can charge from March 8, 2005, the agency may not decide to accept these cases earlier than March 8, 2005. 

For the FY 2005 that started on October 1, 2004 and will end on September 30, 2005, these professionals may probably have more than they would need, since the chunk of 20,000 cap numbers must be used within less than seven months, starting on March 8, 2005 and ending September 30, 2005. It means close to average 3,000 per month will become available to these advanced degree holders.

Considering the fact that a large number of advanced degree holders are already hired by certain employers that are not subject to the annual cap such as higher learning institutions, nonprofit research organizations, certain medical doctors, the 20,000 numbers may be absolved mostly by other government and private employers.