H-1B Visa
This is an update to our Client Advisory dated December 9, 1999, in which we brought to your attention that the Immigration and Naturalization Service (INS) had stopped processing H-1B cases from the cut-off point of the petitions received by it after October 25, 1999. We are now advised that the halt on adjudications is over, and the processing of H-1B cases by the INS has resumed effective December 15, 1999. The INS however still maintains its mysterious silence over the current count of petitions adjudicated to date.

Employment Based Visa Numbers Remain Current
On another matter, the INS has announced that with the exception of the Aunskilled@ sub category, all employment based visa numbers remain current for January, 2000.

Canadians, I-94 Cards, and Unlawful Presence in the U.S.
A recent State Department Advisory Opinion indicates that a Canadian or Commonwealth citizen residing in Canada who enters the U.S. with inspection but is not issued an I-94 Card should be treated the same as an F-1 or J-1 visa holder in duration of status. Such an individual would not be considered to have accrued unlawful presence unless and until a violation is found by an immigration judge or INS officer in the course of adjudicating a benefit. Under 212(a)(9)(B) of the Immigration and Nationality Act, aliens who are unlawfully present in the U.S. are subject to a 3-year or 10-year bar from admission to the U.S.