As we reported earlier, the H-1B Reform Act that was passed late last year provided for an additional 20,000 H-1B visas for individuals holding a master's degree or higher from a U.S. institution under the Fiscal Year 2005 quota. The 20,000 H-1Bs were to have been made available on March 8, 2005. However, the U.S. Office of Budget of Management held up the availability of these additional H-1Bs until it finalized the regulations on this matter. While waiting for the final regulations, however, the USCIS issued a statement indicating that eligibility for the additional 20,000 visas would not be limited to those individuals holding a master's degree or higher from a U.S. institution, but would instead be made available to all qualified H-1B nonimmigrants.

On Friday, April 29, 2005, the Office of Management and Budget finally approved the H-1B regulations, and the regulations are now before the Department of Homeland Security for signature. After the regulations are signed, they will be published in the Federal Register. Upon publication, we will be able to petition for the additional H-1B visas. The final regulations will indicate whether the additional H-1Bs will be available to all qualified H-1B individuals or whether they are limited to individuals who hold a master's degree or higher from a U.S. Institution.

Please feel free to contact our office if you have any question regarding this matter.