ILW.COM - immigration news: Advanced Degree H-1B Exemption Passed And More

House Republicans blocked the 9/11 bill which included many anti-immigration provisions and will not become law - there may still be one last opportunity to have 9/11 bill pass, in early December when Congress reconvenes. The FY 2005 omnibus bill appropriations was passed by the House and Senate with various immigration-related provisions. The bill now awaits the President's signature before it becomes law. Below are key changes to the H-1B and L-1 Visa program contained in the FY 2005 Omnibus Appropriations Bill.

H-1B Visa Program Changes (effective 90 days after Bill is signed into law, unless otherwise noted below)

H-1B exemption - exempts from H-1B cap up to 20,000 foreign nationals with Masters and higher degrees from US graduate schools (to be determined whether this applies to new applications only or includes current pending petitions)
Additional costs to file H-1B petition - in addition to the basic filing fee and the (optional) premium processing fee

worker retraining fee - permanently reinstated to $1500 per H-1B petition (previously $1000); for employers with less than 25 full-time employees, the retraining fee is $750 per H-1B petition (effective immediately)
fraud prevention and detection fee - $500 fee imposed for initial H-1B, L-1 petitions, and change of status petitions

Prevailing wage - employer must pay 100% of prevailing wage or higher (currently 95%)
DOL investigations - increased investigative powers to initiate investigations against employers based on reasonable cause (effective immediately)

L-1 Visa Program Changes (effective 180 days after Bill is signed into law)

No subcontracting of L-1 visa holders to third party employers - legislation prohibits L-1 visa holders to work outside of petitioning employer's worksite with limited exceptions
L-1 blanket - one year requirement is reinstated (reduced 6-month period for L-1 blanket period eliminated); applies to new L-1 petitions.

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