March 28, 2005 - The 20,000 visas that were supposed to be made available on March 8, 2005, have become mired in controversy resulting in delay. The American Immigration Lawyers Association reported today that sources close to the government purport that the U.S. Citizenship and Immigration Service (USCIS) may have miscounted and issued 10,000 or more visas than allowed by the 65,000 cap for FY2005. Other rumors point to legislative inquiries that the USCIS may have acted contrary to congressional intent in announcing that the 20,000 new H-1B visas for FY 2005 would not be limited to holders of advanced U.S. degrees on March 8. The filing period for these applications, which was supposed to start March 8, remains delayed until the regulations are published. The U.S. Citizenship and Immigration Services (USCIS) advised that it will reject petitions that are filed before the final regulations are published.

BAL Comment: At this point, further clarity is required from the agency before employers can take additional steps. It is possible that the CIS will be forced to revise its position and only allow petitions to be filed for individuals holding US advanced degrees, but it is hard to predict anything at this time.