On March 8, 2005, the U.S. Citizenship and Immigration Services (USCIS) issued a press release stating that it intends to accept petitions for the 20,000 new H-1Bs authorized by the Omnibus Appropriations Act (OAA) during Fiscal Year 2005 for all qualified H-1B nonimmigrant workers, not just to those individuals holding a master's or higher degree from a U.S. institution of higher learning, as previously advised. However, it is unclear whether USCIS has Congressional authority to extend the 20,000 H-1B visas to all qualified individuals.

USCIS's decision to open the new 20,000 H-1Bs to all qualified individuals, not just holders of US advanced degrees, is expected to launch a flood of H-1B petitions.  If this occurs, it is anticipated that the new H-1Bs will go extremely quickly. USCIS has reiterated that while the effective date of the OAA was March 8, 2005, no petitions for the new 20,000 H-1Bs should be filed until USCIS issues guidance in the Federal Register.  No further information was released as to when the guidance will be issued.  Any petitions submitted prior to USCIS publishing such guidance will be rejected and returned unprocessed.  For a review of developments in connection with the new 20,000 H-1Bs, please see our news item of March 7, 2005.   Please note that non-cap subject cases can continue to be filed.

Jackson & Hertogs continues to monitor the situation and will provide updated information to our clients as it becomes available from USCIS and other sources.

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