On April 4, 2005, Bill Yates, Associate Director for Operation of the U.S. Citizenship and Immigration Services (USCIS), addressed the New York Chapter of the American Immigration Lawyers Association (AILA). He indicated that the Office of Management and Budget (OMB) is still reviewing the forthcoming regulation relating to the filing procedures for the 20,000 Fiscal Year 2005 H-1B visa numbers. There is, as yet, no timeframe as to when it might be published in the Federal Register.

Mr. Yates did suggest that the rule will contain instructions on converting H-1Bs already filed for Fiscal Year 2006 (start date October 1, 2005) into Fiscal Year 2005 cases. He stated that any cases already filed as FY2006 cases will neither be advantaged nor disadvantaged when considered for the 20,000 FY2005 H-1B numbers.

Mr. Yates also indicated that USCIS will provide instructions for pending H-1B cases with receipt notices, for H-1B petitions filed and awaiting receipt notices, as well as any H-1B petitions already approved for an October 1, 2005 start date. He did not answer the question of whether the 20,000 FY2005 numbers will be available to all qualified H-1B nonimmigrant workers, or whether they will be restricted to those individuals holding a U.S. master's degree or higher, as Congress originally intended.
Jackson & Hertogs continues to monitor the situation closely, and will notify you as soon as we receive updates.

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