Extension of H-1B Status - Currently, the maximum length of stay on an H-1B visa is six years. Most who seek permanent residence must use the labor certification process which can be very long. As a result, many H-1B visa holders who have applied for labor certification and have nearly meet their six-year limit must leave the country to comply with immigration law. The new law now allows an H-1B extension beyond the six year if 365 days have elapsed since the filing of a labor certification application or an immgrant visa petition. This extended status applies even if the foreign national has since changed status or left the country.
Waiver of Two Year Foreign Residency Requirement with Respect to International Medical Graduates - the new law extends the J-1 waiver program (commonly known as the "Conrad 20" or "State 20") to 2004. This program authorises a waiver of the two year foreign residency requirement for foreign "J-1 physicians" who agree to serve in a medically underserved area for three years. The new law also raises the number of visas available per state under this program from 20 to 30.
Immigrant Investors (EB-5) Changes - Congress established the EB-5 immigrant investor visa category in 1990 to promote investment and job growth in the United States. To qualify, a foreign national must invest at least $1,000,000 (or $500,000 in targeted areas of low employment or rural areas) and show that the investment will generate at least 10 jobs. Among other things, the new law eliminates the current INS requirement that EB-5 investors "establish" a commercial enterprises themselves. Now, an EB-5 investor need only show that he or she has "invested" in a commercial enterprise. This change would make it easier for foreign nationals to qualify under the program.