Omnibus Appropriations Act for Fiscal Year 2005

 

On December 8, 2004, President Bush signed the Omnibus Appropriations Act for Fiscal Year 2005 which has effects on both the H-1B and L-1 Nonimmigrant Visa categories.

 

A highlight of the major changes to the H-1B visa classification (also known as the “H-1B Visa Reform Act of 2004”) includes the following:

 

1.  Reinstatement and increase of the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee from $1,000 to $1,500 ($750 for petitions with less than 25 full-time equivalent employees).  This fee is applicable to all non-exempt H-1B petitions filed after December 8, 2004.

 

  1. Effective March 8, 2005, the Act institutes of a new Fraud Prevention and Detection Fee of $500 for H-1B petitions involving first time sponsorship by an employer.

 

  1. Effective March 8, 2005, 20,000 new H-1B visas are allocated (above the 65,000 currently allocated) for beneficiaries with a master’s or higher degree from a U.S. academic institution.

 

For additional information on the H-1B Visa Reform Act of 2004, see USCIS website Press Release dated December 8, 2004 at:  http://uscis.gov/graphics/publicaffairs/newsrels/H-1B_12_9_04.pdf

 

 

A highlight of the major changes to the L-1 visa classification (also known as the “L-1 Visa Reform Act of 2004”) includes the following:

 

  1. Effective June 6, 2005 L-1B beneficiaries are prohibited from primarily working at worksites other than the petitioning employer if not supervised by the petitioner.  Further clarification of the changes to L-1B requirements may be found on the USCIS Press Release dated December 8, 2004.  

 

  1. Effective June 6, 2005, all L-1 nonimmigrants must have worked abroad for a period of 1 year or more outside the U.S.  This is a change affecting blanket L-1 beneficiaries, which were previously afforded the benefit of requiring 6 months employment abroad for L-1 eligibility as part of their eligibility for L-1 classification.

 

  1. Effective March 8, 2005, the Act institutes a new Fraud Prevention and Detection Fee of $500 for L-1 petition involving first time sponsorship by an employer.

 

For additional information on the L-1 Visa Classification Reform Act of 2004, see USCIS website Press Release dated December 8, 2004 at:  http://uscis.gov/graphics/publicaffairs/newsrels/Lvisa_12_9_2004.pdf.