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March 06, 2005

CIS to implement H-1b Visa Reform Act of 2004 advises employers not to file petitions until new guidance is issued

Washington, D.C. - U.S. Citizenship and Immigration Services (USCIS) is currently preparing guidance for the implementation of the Omnibus Appropriations Act for Fiscal Year 2005 which created a new exemption from the annual H-1B congressionally mandated cap of 65,000 visas. While the applicable provisions of the H-1B Visa Reform Act become effective March 9, 2005, USCIS advises employers not to file H-1B petitions seeking to employ an H-1B worker who may benefit from these provisions until USCIS publishes guidance in the Federal Register. USCIS will reject any new H-1B petition that is filed in advance of the effective filing date as established in the forthcoming Federal Register notice.

Ruth E. Tintary
HQ Office of Congressional Relations
U.S. Citizenship and Immigration Services Department of Homeland Security
(202) 272-1947

Posted by VisaLawyer at March 6, 2005 12:00 AM

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