H-1 Regulation Expected Soon : 20,000 Exemptions
Posted Apr 29, 2005
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The regulation implementing the 20,000 new H1B cap exemptions created in the H1B Visa Reform Act of 2004 is expected to be published as early as next week, in the first week of May 2005. The regulation has been cleared by the Office of Management and Budget (OMB). It is anticipated that it will be published in the Federal Register shortly. Anyone unfamiliar with this timely immigration topic should review our April 22, 2005 MurthyBulletin article, 20,000 H1B Cap Exemptions: April 20, 2005 Update. The benefit of these additional H1Bs is primarily that eligible H1B employees will not have to wait until October 1, 2005 to start work, but are able to start work as soon as the H1B petition is approved.
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There is no further information about the content of the regulation at this time. It is not known whether the additional exemptions will be available to everyone in FY2005, or only to those with U.S. masters' degrees or higher, as specified in the law. It is also not yet known if there will be provisions for converting cases filed for FY2006 start dates to request one of the FY2005 cap exemptions. Nor is it known how soon after the regulation is published employers will be permitted to file for the additional 20,000 H1Bs available under this FY2005 quota or exactly what procedures will be required.
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Updates will be posted on MurthyDotCom as soon as the regulation becomes available. We know many people have been anxiously awaiting this announcement, since the delay in the publication of the regulation has created significant uncertainties in immigration planning for both employers and employees.