LEGAL LANGUAGE SERVICES

Dramatic Changes for H-1B Employment Visas

Alan M. Lubiner, November 2000

New legislation signed into law by President Clinton on October 17, 2000 makes dramatic improvements in the H-1B situation for employers as well as many individuals subject to the 6 year limit on H-1B's and those seeking to change jobs. On the down side for employers is an increase in the ACWIA fee to $1,000 effective December 17, 2000.

For employers and prospective employees, the good news is that for fiscal years 2001, 2002 and 2003 the number of H-1B visas that can be issued has been raised to 195,000 per year. This cap will not apply to anyone employed or seeking employment at an institution of higher education, a related nonprofit entity, a nonprofit research organization or a government research organization.

For employees that are subject to the 6 year limit on H-1B's the good news is that in some instances, employees who are beneficiaries of an I-140 that has been filed, can extend their H-1B until a decision is made on the adjustment application. In addition, the law eliminates the six-year limit and allows extensions in one-year increments of H-1B status for people who have had a labor certification, I-140 or I-485 pending for more than a year.

There is more good news for employees (but mixed news for employers)! Anyone who is in H-1B status and has a new employer file an H-1B petition for them is authorized to work for the new employer when the petition is filed. Previously you could not start the position until the new H-1B was approved. If the petition is ultimately denied, the authorization will end at the time of the denial. It also allows people whose I-485s have been pending for more than 180 days to change employers as long as the new job is in a same or similar field.

Regulations concerning the law have not yet been issued so any questions about the implementation of the law will have to wait, but for now it appears to be a stunning success for those whose lives have been on hold due to the US bureaucracy.

Disclaimer:
This the information provided in this article should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult with a lawyer concerning your own situation and any specific legal questions you may have.