3/9/2005

USCIS announced that employers should not file H-1B petitions under the new H-1B legislation which goes into effect on March 9, 2005 allowing cap exempt H-1B filing by U.S. master's or higher degree holders until the guidance is published in the federal register. The announcement did not specify the date when such guidance will be published. 

 

March 4, 2005

USCIS TO IMPLEMENT H-1B VISA REFORM ACT OF 2004

Advises Employers Not to File Petitions Until New Guidance is Issued

Washington, D.C.– U.S. Citizenship and Immigration Services (USCIS) is currently preparing guidance for the implementation of the Omnibus Appropriations Act for Fiscal Year 2005 which created a new exemption from the annual H-1B congressionally mandated cap of 65,000 visas. While the applicable provisions of the H-1B Visa Reform Act become effective March 9, 2005, USCIS advises employers not to file H-1B petitions seeking to employ an H-1B worker who may benefit from these provisions until USCIS publishes guidance in the Federal Register. USCIS will reject any new H-1B petition that is filed in advance of the effective filing date as established in the forthcoming Federal Register notice.

– USCIS –