USCIS Announces Process for Upgrading to FY 2005 H-1B Numbers

The interim regulations regarding FY 2005 H-1B visa numbers is slated to be published May 5 and will be effective May 12. Only individuals with a master’s degree from a U.S. institution or a higher graduate program will be eligible for these open visas. All filings should be mailed to: USCIS Vermont Service Center, 1A Lemnah Drive, St. Albans, VT 05479-70001.

Also in the soon to be published regulations is a description for changing FY 2006 H-1B applications to an FY 2005 filing, so that the H-1B candidate can start working earlier than planned. If the applicant has a master’s degree from a U.S. institution (or a higher degree) and if their petition is otherwise acceptable, the petition can be changed to FY 2005.

To change filing from 2006 to 2005, petitioners should submit the following:

.A letter requesting the change;

.Either a copy of the approval notice for the FY 2006 petition; a copy of the receipt notice for the petition; a copy of the first two pages of the relevant Form I-129 if the receipt notice has not yet been received; or a new Fortm I-129; and

.A certified Labor Condition Application that is valid for the requested period of employment (or a copy of that application).

There is no fee to change from a FY 2006 to FY 2005 filing. Further, individuals who paid additional fees for premium processing will not need to provide that premium processing fee again. If a petitioner did not originally provide a premium processing fee but wishes to for the FY 2005 period, they will need to include Form 1-907, the Request for Premium Processing, and the $1,000 fee.

The USCIS expects that the demand for FY 2005 H-1B visas will quickly exceed the 20,000 newly accessible numbers on the first day they are open to the public (May 12). USCIS will randomly select 20,000 petitions filied on the final receipt day and the day after. Petitoners interested in filing for this upgrade to FY 2005 should be prepared to send their petition/request to the Vermont Service Center by overnight courier or mail on Wednesday, May 11 so that it arrives at the Center on either May 12 or 13. Petitioners seeking only a FY 2005 number should indicate the start date for employment (prior to October 1, 2005) on the top of page one of Form I-129, utilizing the following terminology: “FY 2005 only.”