Immigration Legislative Update

An important legislative Bill has been introduced today by Senator Orrin Hatch (supported by key Senators) that would substantially raise the H-1B Visa numerical cap and address a number of other related ongoing problems presently faced by this category of visa holders. Although the passing of the Bill is a few months away, the Bill=s introduction is an important development. The following is a brief summary of some important provisions of the Bill.

• In addition to the H-1Bs already authorized, the Bill proposes the H-1B visas increment as follows:
  
  Fiscal year 2000 - 80,000 additional visas, plus 115,000 already authorized.
  Fiscal year 2001 - 87,500 additional visas, plus 107,500 already authorized.
  Fiscal year 2002 - 130,000 additional visas, plus 65,000 already authorized.

• The Bill addresses the issue of the change of status before work can begin for a new employer by an H-1B visa holder. Basically, the law would mandate that the prospective employee can start work for the new employer and that the employment authorization will end if the change of status is denied for any reason.
• Automatic extension of stay will be granted when H-1B petitions are delayed by the INS in certain circumstances while the Green Card petition is pending.
• The attestation requirements and the $500.00 Retraining Fees for H-1B visa petitions are proposed to be extended.
• The number of revoked used visas (for example, due to fraud or misrepresentation) shall be added back as available visa under the numerical cap for the year.
• The Bill creates new rules for universities, research institutions and graduate degree recipients. It proposes that the H-1B cap will not apply to anyone employed, or who has an offer of employment at a college or university or a related not-for-profit entity. The numerical cap will also not apply to anyone who has received a Masters= or higher degree from a approved university in the six months prior to the application.
• If the applications under five (5) employment-based immigrant categories are more than the total number of visas available then the percentage limit for the country will not apply. The purpose of this provision is to make sure that immigrant visas will not go unused if there are applications pending that would otherwise be subject to the Per Country limit.
• An H-1B visa holder may apply for an extension of H-1B status, if the holder is the beneficiary of a pending employment-based immigrant visa petition. The extension will be available until the applicants= Aadjustment of status@ procedure is completed.
  

A full text of the proposed Bill entitled, The American Competitiveness in the Twenty First Century Act of 2000 is available upon request from Gurtu & McGoldrick LLP. We will keep you informed of the developments.