🚀 go-pugleaf

The professional association for international educators (NAFSA) put out
the following message yesterday in response to
new regulations/announcements from the Immigration and Naturalization
Service concerning H-1b petitions.

Essentially these provisions allow petitions for new H-1 workers currently
in the pipeline (at an immigration service center) to be deferred to
October 1 without refiling paperwork and students/scholars in F-1 and J-1
status who have applied or were in the process of applying for an H-1 to
maintain legal status until H-1's are available on October 1. It does NOT
allow them to work beyond their current work authorization however.  It is
more like an extension of the grace period following a program.

There are still many questions to be answered but this should be of help
to many students who are on Optional Practical Training or Academic
Training that expires before October 1.

Please note that the H-1b cap does not apply to requests for extensions,
transfers, or adding additional employers for current H-1's.

**H-1B Cap Is Reached; INS Offers Regulatory Relief**

INS announced on June 15 that the H-1B cap effectively has been reached.

Recognizing the problems encountered by the higher education community
and other employers due to the exhaustion of the H-1B slots, INS has
offered several solutions in the form of new regulations. With 42,000
H-1B cases already pending to fill approximately 12,000 positions, these
measures include: 1) an interim rule extending the duration of status
for F-1 and J-1 nonimmigrant aliens and their dependents, 2) a notice
announcing INS policy for processing H-1B petitions already in the
pipeline, and 3) a proposed rule to institute a long-term policy to
allow all H-1B petitions filed after the cap has been reached to be
authorized for the beginning of the following federal fiscal year.

Under the new interim rule, foreign students and exchange visitors (F-1
and J-1) who have applied for a change of status to become temporary
workers (H-1B) will be able to remain lawfully in the United States
until October 1, 1999. In addition, H-1B applications submitted before
June 15 automatically will be granted work authorization beginning
October 1, 1999, if approved; INS calculates that petitions filed after
April 9 will not be approved for fiscal year 1999. Applications
submitted after June 15 will be returned with the option of refiling to
begin employment on October 1, 1999. If an individual does not agree to
have an H-1B application deferred until October 1, or does not want to
accept an approved petition for FY 2000, the petitioner should notify
INS in writing immediately to either withdraw the pending application or
revoke the approved petition. Fees will be forfeited in these instances.

The annual cap does not affect H-1B petitions for extension of stay,
change of employer, concurrent employment, or amendment to the terms of
employment.

In order for an F-1 or J-1 alien to qualify for an extension of status,
the alien must have filed a timely request for a change of status to
H-1B, the cap must have been reached during the current fiscal year, and
the alien must have maintained the terms of admission to the U.S. If the
individual is a J nonimmigrant, he or she must not be subject to the
two-year home residency requirement. F-1 and J-1 nonimmigrant aliens who
qualify for this extension would be permitted to stay in the United
States after the completion of his or her course study or program.

The proposed rule issued by INS would amend current regulations to allow
INS to accept and adjudicate petitions submitted after any of the caps
for the H visa categories have been reached. This rule, which is
intended to reduce the paperwork and processing burdens experienced by
INS and petitioners in the past, would designate the beginning of the
following fiscal year as the work authorization date for these
petitions. Under this long-term solution, petitioners no longer would
have to cancel existing petitions or reapply for new petitions.

INS is seeking public comment on the extension of duration of status
interim rule, as well as the proposed rule concerning the treatment of H
petitions filed after the yearly cap has been reached. NAFSA is
currently examining these new regulations to determine how best to
respond.

To view a copy of the three INS regulations on the H-1B issue, please
access http://www.access.gpo.gov/su_docs/fedreg/frcont99.html
<http://www.access.gpo.gov/su_docs/fedreg/frcont99.html> , choose June
15, 1999, and select Immigration and Naturalization Service Rules/Text.