Immigration Attorney
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Wednesday, October 18, 2000 - H-1B Bills Signed by President and Become Law

By AILA - American Immigration Lawyers Association

President Clinton late yesterday signed S. 2045, the H-1B bill, and H.R. 5362, the fee increase bill, with the official date of enactment thereby being October 17, 2000.

Since most of S. 2045's provisions do not have separate enacting clauses, those provisions become effective as of yesterday.

The only exceptions are Section 105, Portability of H-1B Status, which in subsection (b) states that the section will apply to "petitions filed before, on or after" October 17, 2000, and the H-1B Cap increase provisions of Section 102, which are effective as if enacted with ACWIA in 1998.

The education and training fee, currently $500, will increase to $1000 two months after October 17, 2000, or by December 17, 2000.

However, the new exceptions from the fee for elementary and secondary schools and nonprofits engaging in established curriculum-related clinical training of students at higher educational institutions are effective immediately.