Key Provisions of Immigration Reform Law Effective March 8, 2005
On December 8, 2004, the President signed significant legislative provisions, including reforms impacting H-1B and L-1 visas.
Key Provisions of Immigration Reform Provisions Effective March 8, 2005
On December 8, 2004, the President signed significant legislative provisions, including reforms impacting H-1B and L-1 visas.
Additional 20,000 H-1B Visa Numbers:
The new law will make up to 20,000 additional H-1B visas available to individuals who have obtained a Master’s degree or higher from a U.S. university.
To date, the U.S. Citizenship and Immigration Services (USCIS) has not provided guidance on filing additional H-1Bs under this legislation; USCIS has indicated that it will reject any cases filed prior to publication of guidance in the Federal Register.
The Federal Register will include an effective date for filing these petitions.
Employers Must Pay 100% of Prevailing Wage:
Prior law required employers filing H-1B petitions and labor certification applications to pay at least 95% of the prevailing wage for occupation.
The 5% variance is no longer allowed.
$500 Fraud Fee for New H-1B and L-1 Visas:
Employers must pay an additional $500 “fraud fee” for each initial H-1B or L visa petition for each employee. This includes a change of status from L-1B to H-1B at the same employer.
The $500 fraud fee will also apply to foreign nationals filing an initial visa application abroad based on an L blanket petition. The fee does not apply to petitions for amendment without a request for extension.
