May 2, 2005

US CIS Will Start Accepting H-1B Petitions on May 12, 2005 Under the Increased Cap of 20,000 ----- ONLY ADVANCED DEGREE GRADUATES OF US UNIVERSITIES WILL BE ALLOWED TO APPLY

On May 3, 2005, the long awaited regulation effectuating the cap increase of 20,000 additional H-1B applications for the fiscal year 2005, will be issued. It is scheduled for publication on May 5. Filing under this cap is to begin 5 business days after publication, which would be May 12, 2005.

The regulation will contain a provision that allows petitions submitted for immediate start dates under the increased cap to be converted to the fiscal year 2006 cap with start dates no earlier than October 1, 2005, if all 20,000 slots have been completely used.

FURTHERMORE, ONLY APPLICANTS HAVING AN ADVANCED DEGREE FROM A US UNIVERSITY, WILL BE ALLOWED TO FILE UNDER THIS INCREASED CAP. THE PREVIOUS GUIDANCE ISSUED BY ASSISTANT DIRECTOR YATES, AND OTHERS AT US CIS, THAT INITIALLY INDICATED THAT ALL ELIGIBLE APPLICANTS WOULD BE ALLOWED TO FILE, IS THEREFORE INVALID.

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