July 2000 - H1B News
New H1B Bill - Highlights

This is newly-introduced bill, not a law. It must pass both the Senate and the House of Representatives and be signed by the President before it becomes a law

Raise in the H1B quota

The bill would raise the cap to 195,000 in each of the next three years. The current H-1B cap is 115,000 in Fiscal Year (FY) 2000, 107,500 in FY 2001 and 65,000 in FY 2002.

H1B quota exemptions

The new bill would add the following exemptions: persons sponsored for H-1B status by institutions of higher education (or a related or affiliated nonprofit entity), by a nonprofit research institution or a governmental research institution

H-1B status can be extended for more than six years

The bill would allow for extensions of H-1B status to be granted in one-year increments by the INS if an H-1B worker is the beneficiary of an Alien Labor Certification or an EB visa petition, and over one year has passed since the labor certification or visa petition was submitted. Also, workers who can not qualify for green cards because of per country quotas would also be permitted to receive extensions of their H-1B status. Extensions of H-1B status would be granted until the worker adjusts his status to permanent resident in the U.S.

H-1B Transfers - Easy to change employers

H-1B workers would be able to change employers as soon as a H-1B petition is submitted to the INS by the new employer. Current law requires that a worker wait until the petition is approved before changing employers