USCIS TO IMPLEMENT H-1B VISA REFORM ACT OF 2004

U.S. Citizenship and Immigration Services (USCIS) currently is preparing regulations for the implementation of the Omnibus Appropriations Act for Fiscal Year 2005. Pursuant to an exemption established under this Act, USCIS will be able to process additional petitions for H-1B workers for FY 2005. The available petitions for FY 2005 will be applied to all qualified H-1B nonimmigrant aliens, and will not be limited to those individuals holding a master’s degree or higher degree from a U.S. institution of higher learning.

Please note that this is a variance from what everyone was anticipating.

Prior to issuance of the regulation, USCIS advises employers not to file H-1B petitions seeking approval for workers who may benefit from these provisions. Please contact your Flynn & Clark attorney if you believe that you or your employees may benefit from this news.

Steven A. Clark
Jane P. Devlin
Vincent W. Lau
Lynda J. Hagerty

FLYNN & CLARK, P.C. provides a full range of inbound as well as outbound immigration legal services for United States and foreign companies under the leadership of Steven Clark, Past President of the American Immigration Lawyers’ Association (AILA) which has over 8000 members worldwide. The Immigration Update provides periodic alerts about noteworthy developments in immigration affecting the business community. It is provided as a service of the Firm regarding legal developments; it is not a substitute for legal counseling and may constitute advertising material in some jurisdictions. If you have questions about the information contained in the Immigration Update or would like to know more about our Immigration services and nationwide visa processing capabilities, please visit our website, or contact Darlene Dinardo in Cambridge.