Some of the most important provisions of S. 2045 include the following:

Increased H-1B quota. The H-1B annual quota is increased from 115,000 to 195,000. Also, H-1B visas obtained by colleges, universities and other non-profit institutions will not be counted against the quota (freeing up an additional tens of thousands of H-1B visas). This effect will be a doubling or even tripling of available H-1B visas, and an end to the long delays in H-1B processing that we have experienced recently at the end of each fiscal year (May through September).

Portability of H-1B status. Those who are already in H-1B status can change employers without waiting for lengthy INS processing times. Instead, those H-1B employees can go onto the payroll of the new employer as soon as the H-1B petition is filed with the INS (rather than having to wait until it is approved).

Relief from the India and China quota. Those from the two oversubscribed countries, India and China, will be able to use the unused employment-based immigrant visas (EB-1, EB-2 and EB-3) allocated to the rest of the world. This provision should greatly ease and possibly eliminate the lengthy quota delays suffered by nationals from India and China over the past six years.

Ability to change employers before the green card process is completed (portability of employment-based labor certifications and visa petitions). Under current law, an employer-sponsored immigrant must remain with that employer until he or she becomes a permanent resident. The new law will enable those immigrants to change employers 180 days after filing an application for adjustment of status (I-485), as long as the new job is similar to the one described in the immigrant visa petition (I-140) or labor certification application.

Ability to extend H-1B status beyond six years in certain cases. The new law also allows those in H-1B status to extend that status beyond the current six-year limit if 1) they have an approved I-140 and they are precluded from filing an I-485 because of the India or China quota, or 2) more than 365 days have passed since the filing of a labor certification application or I-140 and an I-140 or I-485 has been filed.

A separate bill, was also signed by President Clinton which will increase the current H-1B filing fee from $610 to $1,110 on December 15, 2000.

The provisions of S. 2045 should make it much easier for high technology and other companies to hire international professionals in H-1B status, and should also make it easier and faster for those professionals to get permanent residence (green card) status, without the fear of being forced to leave the U.S. before the process can be completed.

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