Almost two months after 20,000 extra H-1B numbers were expected to be come available for fiscal year 2005, the long-awaited guidance is expected to be published early next week in the Federal Register.

The H-1B Visa Reform Act of 2004 exempted 20,000 H-1B visa numbers from the traditional annual numerical limit of 65,000, but only for those holding Master's degrees from U.S. universities. The implementation of the law, which took effect on March 8, 2005, was held up after USCIS announced that it would in fact open up the 20,000 visa numbers to all degreed professionals, regardless of whether they possessed a U.S. Master's degree.

Some several weeks late, the USCIS regulation implementing this law has today cleared the White House's Office of Management and Budget. This means the H-1B regulation could be published in the Federal Register as soon as Monday, May 2, allowing H-1B petitions to be filed against the new 20,000 H-1B visa numbers.

There is not, as yet, any word as to whether the 20,000 visa numbers will be reserved solely for U.S. Master's degree holders, or will be available to all degreed professionals. Nor is there yet any word on how the regulation will accommodate H-1B petitions eligible for the 20,000 extra numbers for FY2005, but were filed before regulation's publication.

Jackson & Hertogs will provide updates as soon as news comes available.

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