The DOJ Appropriations bill was signed by the President on Saturday, November 2, 2002. See our October 17, 2002 news item. Among other things, the bill allows for companies to apply for H-1B extensions beyond the 6 year limit IF an alien employment certification has been pending for 365 days or more. This is an expansion of the provisions included in the American Competitiveness Act of the 21st Century (AC21) which allow H-1B extensions beyond the 6th year limit in one (1) year increments if the alien employment certification was filed at least 365 days before the end of the H-1B nonimmigrant's sixth year AND an I-140 was filed and/or approved. Where a labor certification was not required, then the I-140 petition must have been filed at least 365 days before the end of the sixth year. In other words, the DOJ Authorization Bill allows beyond 6th year extensions even if the alien employment certifications have not yet been approved. This is a welcome change in light of extreme delays at the Department of Labor across the nation. This new law addresses long pending cases.  

We expect the INS to issue guidance shortly on this new law and we will provide further information as it becomes available.

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