USCIS to Implement Visa Reform Act of 2004

Because the H-1B cap has been reached for FY 2005, many new H-1B petitions cannot be filed at this time.  However, pursuant to an exemption established under the visa reform act, 20,000 additional H-1B petitions will be processed for FY 2005 by the USCIS.

USCIS advised that the exemption will be applied to all qualified H-1B non-immigrant aliens, and will not be limited to those individuals holding a master’s degree or higher from a US institution of higher learning. 

Until the applicable regulations are published, petitioners seeking to take advantage of the exemption cannot file H-1B petitions.

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