Immigration Service Announces New, Beneficial H-1B and L-1 Policies

On December 5, 2006 Citizenship and Immigration Services issued an internal Memorandum modifying its earlier position on three important issues. As a result, it will make it possible for many applicants to obtain H-1B status immediately despite the fact that the “cap” for the current year has been reached. 

1. The Service now holds that time spent in H-4 or L-2 dependant status DOES NOT count toward the six year limitation on stay for H-1B workers, or the five or seven year stay for L-1B or L-1A workers. 

Previously, time spent in H-4 (or L-2) status WAS counted toward the limitation.  For example, an applicant for H-1B status who spent fours years as an H-4 would only be eligible for only two years.  Now that same applicant would be entitled to a full six years in H-1B status.

2. A request for a “7^th year extension” for H-1B workers who qualify on the basis of a pending green card application may be made regardless of whether the applicant is currently in the U.S. or abroad and regardless of whether they currently hold H-1B status.  Until now, the “7^th year extension” was only available to applicants who were in the U.S. maintaining lawful H-1B status.

3. An H-1B worker who spent less than six years in the U.S., and who has been outside the U.S. for more than one year, would be deemed already “counted” toward the cap and could elect to seek H-1B status anew for the “remainder” of the six year period without regard to the current “cap.”   Having been abroad for more than one year, that same individual could elect to seek a new admission for the full six years if H-1B numbers were available (or if he/she was seeking entry to work for a cap-exempt institution).

Please feel free to contact our office if you have any questions.