Non-Immigrant Visas

H-IB -  Professional Work Visas

Until 1990, there were no numerical limitations on non-immigrants. In that year, the law was changed to impose numerical limitations upon certain categories of nonimmigrant workers. Professionals (H-1B) were given a 65,000 annual cap. The H-1B cap was raised to 115,000 per fiscal year on October 21, 1998. Recent law has increased the H-1B cap again to allow more qualified workers into the US. Click here for the summary of H-1B Cap Bill (S. 2045) as passed by the Congress (10-3-00)

Formerly, all qualified persons of "distinguished merit and ability" (professionals and persons of prominence) were encompassed within the H-1 nonimmigrant category. A 1989 law divided the H-1 category into 2 categories designated H-1A and H-1B. The 1990 law divided the H-1B category into 3 separate categories. Persons who formerly would have been included within the H-1 category now may enter the U.S. within the following categories:

(1) H-1A - The Immigration Nursing Relief Act of 1989 created this category exclusively for registered nurses (This Act expired on September 1, 1995.);

(2) H-1B - persons performing in "specialty occupations";

(3) O - aliens of extraordinary ability in the sciences, arts, education, business and athletics; and

(4) P - other athletes and entertainers.

In addition, to qualify for H-1B status, one must possess either a full state license to practice the specialty occupation, the appropriate university degree, or experience equivalent to a degree. If you have some formal studies as well as several years of work experience, we may be able to obtain a certificate of U.S. degree equivalency. You may then be eligible to apply for H-1B status. Click here for a FREE evaluation for  your degree/diploma and/or work experience. 

Labor condition applications

Premium Processing Program
(Expeditious handling of certain employment-based cases)

Under the Premium Processing program, the INS has agreed to respond to certain employment-based petitions within 15 days if a Request For Premium Processing Service (Form I-907) and a check for $1,000 is submitted together with, or following, the original I-129 petition.

The regulations stated that the following types of nonimmigrant petitions have been
included in the initial program:

* E-1: Treaty Traders
* E-2: Treaty Investors
* H-2A: Agricultural Workers
* H-2B: Temporary Workers
* H-3: Trainees
* L-1: Intracompany Transferees
* O-1/O-2: Persons of Extraordinary Ability
* P-1,P-1 and P-3: Athletes and Entertainers
* Q-1: International Cultural Exchange Visitors

On July 30, 2001, the program will be expanded and the following petitions will be added:

* H-1B: Specialty Occupation Workers
* R-1: Religious Workers
* TN: Trade NAFTA Professionals
                               
The INS has provided a separate mailing address for its Premium Processing customers, as well as a special phone number and e-mail address for each of the Service Centers. These special communications channels can only be used in premium processing cases.

In addition, the INS will allow I-539 applications for dependents to receive the same expeditious processing as the principal family member’s I-129 petition - at no additional cost if they are filed at the same time.

related article "Immigration's new H-1B process gets mixed reviews"

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H-3 - Trainee Visa

This is a trainee visa, available for a 2 year period. For persons without a degree or any formal studies, this may be a good option. We have to show that the type of training given in the U.S. is not available in the applicant's home country. Click here for a free evaluation of your situation.

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F-1 - Foreign Students

BACKGROUND REQUIREMENTS

Changes in U.S. immigration law, effective November 30, 1996, require that no alien may be issued an F-1 visa to attend a U.S. public elementary or middle school (K-8). Any alien who wishes to attend public high school (grades 9-12) in the United States in student visa (F-1) status must submit evidence that the local school district has been reimbursed in advance for the unsubsidized per capita cost of the education. Also, attendance at U.S. public high schools cannot exceed a total of 12 months. Please note that these changes do not affect other visa categories such as the J-1 exchange visitor program or the qualified school-age child of an alien who holds another type of nonimmigrant visa (i.e., A, E, H, I, L, etc.).

No alien may be issued an F-1 visa in order to attend a publicly-funded adult education program.

Scholastic Preparation

The student visa applicant must have successfully completed a course of study normally required for enrollment. The student, unless coming to participate exclusively in an English language training program, must either be sufficiently proficient in English to pursue the intended course of study, or the school must have made special arrangements for English language courses or teach the course in the student's native language.

Financial Resources

Applicants must also prove that sufficient funds are or will be available from an identified and reliable financial source to pay for all living and school expenses during the entire period of study in the United States. Specifically, applicants must prove they have enough available funds to meet all expenses for the first year of study, and that adequate funds will be available for each subsequent year of study. The M-1 student visa applicants must have evidence that sufficient funds are immediately available to pay all tuition and living costs for the entire period of intended stay.

Acceptance Form

An applicant coming to the United States to study must be accepted for a full course of study by an educational institution approved by the Immigration and Naturalization Service (INS). The institution must send the applicant a Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status for Academic and Language Students. The nonacademic or vocational institution must send the student a Form I-20M-N, Certificate of Eligibility for Nonimmigrant (M-1) Student Status For Vocational Students. Educational institutions obtain Forms I-20A-B and I-20M-N from the INS.

APPLYING FOR A STUDENT VISA

Applicants for student visas should generally apply at the U.S. Embassy or Consulate in their home country. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. It is a much more lengthy process to apply for this visa while in the U.S.A. 

Please speak to us about enrolling in a university in the U.S. and the documents required to show strong ties to your home country.

Required Documentation

Each applicant for a student visa must pay a nonrefundable US$45 application fee and submit:

1. An application Form OF-156, completed and signed. Blank forms are available without charge at all U.S. consular offices.
2. A passport valid for travel to the United States for at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application.
3. One photograph 1 and 1/2 inches square (37x37mm) for each applicant, showing full face, without head covering, against a light background; and
4. For the "F" applicant, a Form I-20A-B. For the "M" applicant, a Form I-20M-N.
5. Evidence of sufficient funds to pay for tuition and living expenses.
6. Student visa applicants must establish to the satisfaction of the consular officer that they have binding ties to a residence in a foreign country which they have no intention of abandoning, and that they will depart the United States when they have completed their studies. It is impossible to specify the exact form the evidence should take since applicants' circumstances vary greatly.

U.S. PORT OF ENTRY

Applicants should be aware that a visa does not guarantee entry into the United States. The INS has authority to deny admission. Also, the period for which the bearer of a student visa is authorized to remain in the United States is determined by the INS, not the consular officer. At the port of entry, an INS official validates Form I-94, Record of Arrival-Departure, which notes the length of stay permitted.

ADDITIONAL INFORMATION

Employment

An F-1 student may not accept off-campus employment at any time during the first year of study. The INS may grant permission to accept off-campus employment after one year. F-1 students may accept on-campus employment from the school without INS permission. Except for temporary employment for practical training, an M-1 student may not accept employment.

Family Members

A spouse and unmarried, minor children may also be classified for a nonimmigrant visa to accompany or follow the student. Family members must meet all visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the student's program ends. Spouses and children of students may not accept employment at any time.

FURTHER INQUIRIES

Questions on how to obtain Forms I-20A-B and I-20M-N should be made to the educational institution. If the institution does not have the forms, it needs to contact the local INS office. Questions on visa application procedures at the American consular offices abroad should be addressed to that consular office by the applicant.

For further information from the Department of State website click here.

***Read here for more information about recent rule changes***

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The L-1 intra-company transferee visa allows executives, managers, and employees with specialized skills to transfer from the foreign company to a U.S. office, subsidiary, or affiliated company to perform temporary services.

The L-1 visas are granted initially for 1 to three years with extensions available in two year increments, with a total stay not to exceed seven years.

The spouse and children under 21 are allowed to accompany the L-1 visa holder during the period of the transferee status. However, they cannot work independently with being sponsored individually.

In limited circumstances, it may be possible to convert the L-1 visa for executives and managers to a Green Card. This is a short-cut to the Green Card as Labor Certification in not required for the L-1 visa to Green Card route.

The applicant must have been employed by the foreign "parent company" for at least one year during the three year period immediate prior to filing the L-1 visa application or coming into the U.S. on the L-1 visa.

The applicant must have been employed as an executive, manager, or as a specialized skill worker for a minimum of twelve months during the three years immediately preceding the filing of the L-1 visa petition.

The applicant must be employed as an executive, manager, or as a specialized skill worker for the same company, or its U.S. subsidiary or affiliate.

The current (foreign) and prospective (U.S.) companies must be either the same company, or related by subsidiary or affiliate ownership.

L-1 visas may not be extended beyond a total of seven years.

New employees may not be transferred prior to serving one year abroad as an executive, manager, or specialized skill employee of the foreign parent company.

There must be continual existence of the foreign company during the transferee's stay in the U.S.

The spouse and children are allowed to reside in the U.S. but are not allowed to be employed unless they obtain their own work visa.

Click here for more information.

*** Latest Update: Spouses of L visa holders can now work in the U.S
- click here for more information ***

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E-1 / E-2 - Investor Visas

The E-1 visa is an international treaty trader visa. The E-2 visa is an investment visa.

These visas of trade and investment are granted to qualifying persons from certain designated treaty countries. Some countries have treaties with the U.S. and are eligible for either the E-1 visas and/or the E-2 visas. See below for a list of eligible countries. 

The visas are based on treaties of friendship, commerce and navigation or Bilateral Investment treaties between the U.S. and other countries.

THE E-1 VISA
The United States has treaties with over 40 countries which permit nationals from those countries to own or be employed in the U.S. in a business which conducts a substantial volume of trade between the U.S. and person’s home country. The E-1 visa is available to those who trade in material goods and also to those whose businesses involve services and technology.

Countries which have E-1 treaties with the U.S. include:

*** Latest Update: Spouses of E-1 visa holders can now work in the U.S
- click here for more information ***

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THE E-2 VISA
The United States has treaties with over 60 countries for this visa. The visa requires an investment of a substantial amount of capital into a viable U.S. enterprise. The visa is also available to those who will be employed by the U.S. company as in an executive, supervisory or essential employee capacity. There are restrictions on the type of enterprise permitted. Please contact us for further information if you feel this may be a good option.

These countries are as follows:

The following eleven (11) treaties have yet to enter into force, either because the treaties have not yet been ratified or because there has not been a formal exchange of instruments of ratification: Azerbaijan, Belarus, Bolivia, Croatia, Haiti, Honduras, Jordan, Lithuania, Nicaragua, Russia and Uzbekistan.

*** Latest Update: Spouses of E-1 visa holders can now work in the U.S
- click here for more information ***

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O-1 Visa - Aliens of Extraordinary Ability

This visa is available to those who have "distinction" in their field. The INS defines this as having a high level of achievement in the arts as manifested by a level of skill and recognition that is significantly above that typically encountered. In other words: are you at the top of your field of endeavor?

Note that this category is not simply limited to performers but also to individuals who are active behind the scenes. These may include lighting designers, choreographers, conductors, costume designers, animal trainers, and fight masters.

For those in the motion picture  or TV industry,, the standard to be met is more rigorous. The alien has to show that s/he has a "very high level of accomplishment in the motion picture or TV industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extend that the person is recognized as outstanding, notable, or leading in the motion picture or TV field." The effect of this standard is that someone who is well-known may not necessarily qualify as an extraordinary alien. 

To prove eligibility for either of these two categories, the applicant can produce any of the following:

• Proof that the alien has been nominated or has received significant national or international awards like an academy award OR,

• At least three of the following forms of documentation;

• That the alien will perform a lead role in distinguished productions or events;

• For his/her achievements, the alien has received national or international acclaim;

• That the alien has performed a lead role for an organization with a distinguished reputation

• The alien has a record of success (either commercially or with critical acclaim).

• The alien has been significantly recognized by organizations or experts in the field in which the alien is engaged in.

• The alien has received high remuneration for his/her services.

P-1 (athletes and entertainers), P-2 (reciprocal exchange performers) and P-3 visas (culturally unique performers) are issued for the purpose of allowing the performer to enter the United States to compete or perform for a temporary time period.

P visa holders are allowed to enter the United States and perform for payment or prize money. The compensation for the performance may be U.S. based or foreign based.

The P-1 may be granted for up to five years with extensions not to exceed an total stay of ten years.

The P-2 is admitted only for the time period to complete the performance and is barred from reentering the United States for ninety days after the most recent admission.

The P-3 is admitted only for the time period to complete the performance and is barred from reentering the United States for ninety days after the most recent admission.

P-1 Athletes
Athletes must demonstrate competition individually or as a team member at an internationally recognized level of performance.

P-1 Entertainers
Entertainers must be part of a group that has received international recognition as outstanding for a sustained and substantial time period. The entertainers must also have been a member of the group for at least one year and provide integral functions to the group's performance.

P-2 Exchange Performers
P-2 performers must participate through a reciprocal exchange program between a United States and a foreign based organizations which exchange artists and entertainers. The performers must serve an integral part in the performance.

P-3 Culturally Unique Performers
P-3 artists and entertainers must be performing in a program that is culturally unique.

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The category "Professionals Under the North American Free Trade Agreement" is available only to citizens of Mexico and Canada. Under the North American Free Trade Agreement (NAFTA) a citizen of a NAFTA country may work in a professional occupation in another NAFTA country provided that a) the profession is on the NAFTA list, schedule b) the alien possesses the specific criteria for that profession, c) the prospective position requires someone in that professional capacity and d) the alien is going to work for a U.S. employer. The spouse and unmarried, minor children of the principal alien are entitled to the derivative status, but they are unable to accept employment in the United States. Aliens entering under this classification are considered non-immigrants. They cannot therefore apply for permanent residence as the doctrine of dual intent does not apply.

The requirements for Canadians and Mexicans wishing to enter under this classification are not the same. 

Citizens of Canada must provide the following at the port of entry:

1. A request for "TN" status;

2. A copy of the applicant's college degree and employment records which establish qualification for the prospective job;

3. A letter from the alien's prospective U.S.-based employer offering him or her a job in the United States, which is included on the professional job series (NAFTA list) listing salary requirement;

4. A fee of U.S. $50.00.

Canadian citizens are not required to obtain a visa, but instead receive "TN" status with the Immigration and Naturalization Service (INS) at the port of entry. The "TN" status will only be granted if the period of stay is temporary. The TN is stamped onto the I-94 in a Canadian's passport.

The requirements for Mexican citizens are as follows:

1. First, the prospective employer must file a labor condition application;

2. Then, the applicant's prospective employer must file an I-129 "Petition For Non-Immigrant Workers" with the Immigration and Naturalization Service (INS); and

3. After the petition has been approved, the alien must apply for a non-immigrant visa at a U.S. Embassy or Consulate in Mexico.

Requirements for Canadians and Mexicans wishing to renew their "TN" status are not the same. Applications for extension of stay are processed by the Immigration and Naturalization Service (INS). Canadian citizens have two options. First, they may have their employer file an I-129 form at the Nebraska Service Center. This option does not require leaving the U.S. Second, Canadians may return to Canada to re-apply at the port of entry with the same documentation that is required for an original application. Mexican citizens must have their employers renew their labor certification and file another I-129 with their regional INS office in order to extend their stay.

Click here for the NAFTA Professional Job Series List as per schedule 2

Most of the jobs require a degree. However, the title of Management Consultant is frequently used for persons with 5 years of consulting or related experience.

R-1 - Temporary Religious Workers

DEFINITION OF RELIGIOUS WORKERS

Religious workers include ministers of religion who are authorized by a recognized denomination to conduct religious worship and perform other duties. These duties include those usually performed by members of the clergy such as administering the sacraments, or their equivalent. The term does not apply to lay preachers. A religious vocation means a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as taking vows. Examples include nuns, monks, and religious brothers and sisters. 

A religious occupation means a habitual engagement in an activity which relates to a traditional religious function. Examples include liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators, or religious broadcasters. It does not include janitors, maintenance workers, clerks, fund raisers, solicitors of donations, or similar occupations. The activity of a lay-person who will be engaged in a religious occupation must relate to a traditional religious function: i.e., the activity must embody the tenets of the religion and have religious significance, relating primarily, if not exclusively, to matters of the spirit as they apply to the religion. We have been successful in submitting Religious Worker visas for Religious Instructors at religious schools.

BACKGROUND REQUIREMENTS

The applicant must be a member of a religious denomination having a bona fide nonprofit religious organization in the U.S. The religious denomination and its affiliate, if applicable, must be exempt from taxation, or the religious denomination must qualify for tax-exempt status. The applicant has been a member of the denomination for two years immediately preceding admission. We will need proof of this in the form of letters and certificates.

The applicant has resided and been physically present outside the United States for the immediate prior year if he or she has previously spent five years in this classification.

APPLYING FOR THE VISA

Religious workers should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply in the United States, it may be more difficult to apply and takes a longer time. There is no requirement that applicants for R visas have a residence abroad which they have no intention of abandoning, but they must intend to depart the United States at the end of their lawful status.

Required Documentation

Each applicant for the visa must pay a nonrefundable US$45 application fee and submit the following if applying at the U.S. Consulate abroad:

(1) An application form OF-156, completed and signed. Blank forms are available without charge at all U.S. consular offices;

(2) A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;

(3) One photograph 1 and 1/2 inches square (37x37mm) for each applicant, showing full face, without head covering, against a light background.

(4) Supporting documents.

Additional Documentation

The applicant must be prepared to present to the consular officer any or all of the following documentation to verify that the applicant and the religious organization qualify for the R status:

(1) Proof of tax-exempt status or eligibility for tax-exempt status for the sponsoring organization,

and

(2) A letter from an authorized official of the specific unit of the employing organization certifying:

that if the applicant's religious membership was maintained, in whole or in part, outside the United States, the foreign and United States religious organizations belong to the same religious denomination;

that, immediately prior to the application for the R visa, the alien has been a member of the religious denomination for the required two-year period;

That, (as appropriate):

If the applicant is a minister, he or she is authorized to conduct religious worship for that denomination. The duties should be described in detail; or

If the applicant is a religious professional, he or she has at least a baccalaureate degree or equivalent, and that such a degree is required for entry into the religious profession; or

If the applicant is to work in a nonprofessional vocation or occupation, he or she is qualified if the type of work to be done relates to a traditional religious function;

The arrangements for remuneration, including the amount and source of salary, other types of compensation such as food and housing, and any other benefits to which a monetary value may be affixed, and a statement whether such remuneration shall be in exchange for services rendered;

The name and location of the specific organizational unit of the religious denomination or affiliate for which the applicant will be providing services; and

U.S. PORT OF ENTRY

Applicants should be aware that a visa does not guarantee entry into the United States. The U.S. Immigration and Naturalization Service (INS) has authority to deny admission. Also, the period for which the bearer of a religious worker visa is authorized to remain in the United States is determined by the INS, not the consular officer. At the port of entry, an INS official must authorize the traveler's admission to the U.S. At that time the INS Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated. Those visitors who wish to stay beyond the time indicated on their Form I-94 must complete the Form I-539, Extension of Stay form. The decision to grant or deny a request for extension of stay is made solely by the INS.

A nonimmigrant religious worker's spouse and unmarried children under 21 years of age may be granted derivative status. They may study but may not accept employment in the United States.

Holders of R visas may remain in the U.S. for up to five years.

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J-1 - Exchange Visitors

On March 31, 2000, revised State Department procedures regarding J waivers became effective.

The second is for all persons whose J programs are financed by the U.S. government or by the visaholder's government. The last is for persons whose occupations or courses of study appear on the Exchange-Visitor Skills List published by the U.S. Information Agency (USIA), the agency which administers all J programs. Foreign countries in need of certain skills place them on the list, thereby subjecting exchange visitors who participate in a program involving designated skills to the foreign residency requirement. 

Exchange visitors, or “J-1” visitors, are grouped into 11 categories: Professors and Research Scholars, Short-Term Scholars, College and University Students, Teachers, Secondary School Students, Specialists coming to the US with Specialized Skills, Alien Physicians, International Visitors, Camp Counselors, Au Pairs, and Summer Work Travel.

Depending on the “J” program, the applicant must leave the US for a minimum of two (2) years after their program is complete.  The three (3) types of programs that have the foreign residency requirement are:

• aliens receiving a graduate medical education or training in the US,

• aliens whose “J” programs are funded by the alien’s country or the US and,

• aliens whose occupation or course of study is on the Exchange-Visitor Skills List published by the US Information Agency (USIA).  The foreign residency requirement also applies to any spouse or family that may have derived their visa through the “J” alien.

The alien may reenter the US during this two (2) year period under a visitor, student, or other qualified visa status.  However, during this two (2) year period, the alien is barred from obtaining a temporary worker (“H”) visa, intracompany transferee (“L”) visa, or apply for permanent residency status.

Obtaining a waiver from the above referenced foreign residency requirement is very difficult.  There are four methods for obtaining these waivers:

• Hardship Waiver,

• the Asylum Waiver,

• the “No Objection Letter”, and

• the Interested Government Agency Waiver. 

If qualified, the INS allows the alien to submit his or her application for adjustment of status with their J-1 waiver.

Hardship Waivers may be granted if the alien would suffer harmful consequences because of one’s family situation or the situation of the alien’s home country if the foreign requirement was not waived.  For example, if the alien or their relative has a life-threatening illness and treatment is not available in the alien’s home country, the hardship waiver would likely be granted.

 An Asylum Waiver will likely be obtained if the INS determines that the alien will be subject to persecution based on race, religion or political opinion, upon return to his or her home country.

A waiver can also be obtained through a “No Objection Letter.”  This can be done if the alien’s country which financed the “J” program or placed the alien’s occupation in question in the Exchange-Visitor Skills List writes a letter to the USIA stating that it has no objection to a waiver of the foreign residency requirement. In this case the INS may grant the waiver.  Graduates of medical institutions can not obtain a waiver using the “No Objection Letter.”

An alien may also obtain a waiver through a letter from a US government agency.  The US government agency (usually Veterans Administration, the Appalachian Regional Commission, the Department of Agriculture, State Departments of Public Health, or the Department of Housing and Urban Development) may write a letter requesting a wavier of the two year foreign residency requirement for a particular alien.

CONCLUSION

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B-1/B-2 - Business or Pleasure Visa

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. 

The visitor visa is a nonimmigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure or medical treatment (B-2). Persons planning to travel to the U.S. for a different purpose, such as students, temporary workers, crewmen, journalists, etc, must apply for a different visa in the appropriate category. 

Travelers from certain eligible countries may also be able to visit the U.S. without a visa, through the Visa Waiver Pilot Program. Click to find out how to participate in the Visa Waiver Pilot Program or visit the Department of State web site.

Qualifying for a Visa
Applicants for visitor visas at their U.S Consulate abroad, must show that they qualify under provisions of the Immigration and Nationality Act. The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that they have strong ties to their home country. This can be achieved by showing:

• The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;
  
• They plan to remain for a specific, limited period; and
  
• They have a residence outside the U.S. as well as other binding ties which will ensure their return abroad at the end of the visit including:
  - Family members at home
  - A job to return to
  - A bank account
  - Stocks and bonds
  - Other relevant evidence

"A new program that would speed up the process for approving H-1B visas for foreign high-tech workers but would also charge an extra fee is drawing praise and criticism among those involved in immigration issues."  read more

Under the Premium Processing program, the INS has agreed to respond to certain employment-based petitions within 15 days if a Request For Premium Processing Service (Form I-907) and a check for $1,000 is submitted together with, or following, the original I-129 petition.

In addition, the INS will allow I-539 applications for dependents to receive the same expeditious processing as the principal family member’s I-129 petition - at no additional cost if they are filed at the same time.   more info

New laws for your H1-B visa

A few of the main points....

1. If you already have an H-1B visa and decide to change jobs, you can move as soon as your new H-1B visa is filed. You do not need to wait for the actual approval.
2. You can change jobs without jeopardizing your Green Card application as long as your I-485 has been pending with INS for at least 6 months.
3. You can keep extending your H-1B visa beyond six years, one year at a time until you get your Green Card. You will need to have had an application pending for at least a year before being eligible for this. Also, you will need to continue the Green Card process.
4. There are provisions to reduce INS backlogs and increase INS accountability.

Click here for the summary of H-1B Cap Bill (S. 2045) as passed by the Congress (10-3-00)

President signs H-1B Bills into law.

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