NewsFlash! USCIS Will Open 20,000 H1Bs to Wider Group
Posted Mar 08, 2005
On March 8, 2005, USCIS issued another announcement reminding employers interested in filing under the 20,000 additional H1B quota that they should not file any new H1B petitions for a start date in this fiscal year (FY) until the USCIS issues a regulation in the Federal Register. The USCIS did not give a date for when the regulation will be issued but mentioned that it is expected to be published "as soon as possible."
Surprisingly, the USCIS also announced that the 20,000 available new H1B petitions for FY2005 will be applicable to all "qualified" H1B nonimmigrant petitions. The definition of "qualified" beneficiaries is not limited to those who hold masters' degrees or higher education from U.S. institutions of higher learning! It is not clear how the USCIS can interpret the law in this manner, since that would be contrary to law! The notice in the Federal Register may explain the reasoning of the USCIS.
Posted Mar 08, 2005
On March 8, 2005, USCIS issued another announcement reminding employers interested in filing under the 20,000 additional H1B quota that they should not file any new H1B petitions for a start date in this fiscal year (FY) until the USCIS issues a regulation in the Federal Register. The USCIS did not give a date for when the regulation will be issued but mentioned that it is expected to be published "as soon as possible."
Surprisingly, the USCIS also announced that the 20,000 available new H1B petitions for FY2005 will be applicable to all "qualified" H1B nonimmigrant petitions. The definition of "qualified" beneficiaries is not limited to those who hold masters' degrees or higher education from U.S. institutions of higher learning! It is not clear how the USCIS can interpret the law in this manner, since that would be contrary to law! The notice in the Federal Register may explain the reasoning of the USCIS.