Publications

December, 2004

1. H-1B VISA EXEMPTIONS FROM H-1B CAP

The first 20,000 H-1B applicants who have earned a master’s degree in a University in the U.S. are not subject to the H-1B visa cap of 65,000 persons. The USCIS will accept new petitions for up to 20,000 persons meeting these standards. The Act becomes effective on March 8, 2005.

Qualified medical graduates, who are currently on J-1 (exchange) visas, and who receive a waiver from the two year foreign residence requirement, are exempt from the H-1B cap.

2. L-1B VISAS – INTRA-COMPANY TRANSFEREES-WORKSITE

An intra-company transferee (L-1B) is a person who was employed for more than one year by a parent, affiliate or subsidiary of a company in the U.S, to perform services that require specialized knowledge. L-1Bs can no longer work primarily at a worksite other than that of their petitioning employer and if their work will be for hire, it must remain under the supervision and direction of the employer. This limitation will apply to all L-1B petitions on or after June 6, 2005. This includes extensions and amendments.

3. DRIVER’S LICENSES – NATIONAL SECURITY

Legislation is under consideration in New York State that would grant immigrants, legal or otherwise, the right to a driver’s license. Applicants would be able to submit a federal taxpayer identification number (ITIN) instead of a social security card. If neither is available, identification from the Consulate of the applicant’s country may be possible.

The New York State Department of Motor Vehicle has already suspended 6000 motor vehicle licenses of drivers who were not able to verify their Social Security cards. If this proposed new law is passed, traffic safety would be enhanced because many undocumented immigrants are likely to become hit-and-run drivers if they have an accident. New Mexico and Utah recently have passed such a law to grant licenses to persons who are undocumented.

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New York Immigration Lawyers > Immigration Publications > December 2004