IMMIGRATION NEWS

New rules for J1 Professors and Research Scholars (5/23/2005)

H1B Visa Reform Act (5/20/2005)

New Rules for J1 Professors and Research Scholars (5/23/2005)

The U.S. Department of State has extended the allowable period for J1 Research Scholars and Professors to pursue their program objective from three years to five years. Accompanying provisions create a 2-year bar preventing J1 Research Scholars and Professors from participating in a similar program until two years following the end date of their most recent exchange visitor program as Professor or Research Scholar. Additionally, the one-year bar has been expanded to persons in F status as well, such that anyone in J or F status for all or part of the past twelve-month period is prevented from pursuing an exchange visitor program in the Research Scholar or Professor category. Regulations will go into effect when the Department of State publishes final notice in the Federal Register (pending appropriate upgrades in SEVIS). back to top

H1B Visa Reform Act (5/20/2005)

Key provisions of the H1B Visa Reform Act include:

• A new $500 "anti fraud" fee (in addition to regular filing fee)
• Elimination of the 5% prevailing wage rate rule (employers must now pay at least 100% of the prevailing wage rate
• Prevailing wage rates used in the OES survey must now differentiate four skill levels, as opposed to the two skill levels used in prior survey years

These provisions went into effect on March 8, 2005. For more information, click here.

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