New Provisions Relating to H-1B Status,
J-1 Physicians and EB-5 Entrepreneurs

Overview

The “21st Century Department of Justice Appropriations Authorization Act” (H.R. 2215, Pub. L. No. 107-273) was signed into law on November 2, 2002. This new law contains several important provisions, which have a favorable impact on immigration law. Among such changes are the provision that allows the extension of H1-B status beyond the six-year limitation for H-1B holders with long-pending labor certification applications, the extension and expansion of the “Conrad State 20” program and the provision which allows for conditional permanent residence for EB-5 entrepreneurs.

H-1B Extension Beyond Six-Year Limitation

With regard to H1-B visas, the new law allows for the extension of H1-B status in one-year increments provided 365 days have passed since the filing of a labor certification or an immigrant visa petition on behalf of the nonimmigrant alien. This provision applies even if the nonimmigrant worker has left the country or changed his or her status.

The extended H-1B status terminates if an application for labor certification, adjustment of status, or a petition for an immigrant visa is denied.

Extension of "Conrad State 20" Program

Another significant provision authorizes the extension of the "Conrad State 20" program until 2004. This program allows states to request a waiver of the two-year foreign residency requirement for J-1 physicians who agree to work in underserved areas for at least three years. The provision also increases the number of available visas from 20 to 30 for doctors working in such underserved areas in participating states.

Conditional Permanent Resident Status for EB-5 Entrepreneurs, their Spouses and Children

Section 11032 applies to alien investors: (1) who filed an Immigrant Petition by an Alien Entrepreneur (Form I-526), which was approved between January 1, 1995 and August 31, 1998; (2) who timely filed for adjustment of status or for an immigrant visa overseas; (3) who are not inadmissible or deportable on any ground; and (4) were not given conditional residence either because they remained overseas or INS failed to act upon their adjustment application.

The provision states that if INS revoked the petition on the ground that the investor failed to meet the capital investment requirements, that revocation is to be disregarded for purposes of the bill, and the application for adjustment of status or immigrant visa application is to be considered reopened. Once the investor is granted conditional permanent residency, he or she must file a petition to remove conditions within two years.
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Teressa Accurso Dickman
Attorney At Law

www.ImmigratingToAmerica.com
teressa@ImmigratingToAmerica.com
(954) 522-1088

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