EMERGENCY ALERT - H-1B VISA

We are informed that the H-1B visa cap has already been reached for the current fiscal year which began on October 1, 1998, and ends on September 30, 1999, with a few remaining numbers to go.
This is an extremely important development because almost 50,000 cases are still awaiting adjudication at this time, and the INS is expected to receive H-1 petitions at a rate of 30,000 to 50,000 applications each month during the coming months. From the petitions already received by the INS and in line for adjudication at this time, the numerical limit for 1998/1999 is going to be over.
We advise our clients that the annual numerical limit is not applicable to those foreign workers (in H-1B category) who are already in the U.S., and who may seek transfer to other companies. The above numerical limit is also not applicable to the L-1 intra-company transferees coming from foreign countries.
It is our belief that the INS will decide in the next few days which cases will get approved this year, and is expected to make an announcement on this matter. Based on further information, the INS is considering a national par equivalence among the regional service centers, that is it may give preference to cases filed in Texas and California from where the adjudications have been slow in recent months.
Planning for the near future, it is advisable to file applications with the INS and have them pending for approval at the beginning of the fiscal year 2000 in October, as the cap for this period could be reached within a short period of time as soon as it becomes available. An important note: The petitions are approved on a first in first out basis, and given preference accordingly.

If you have any questions, please communicate with us.

We urge our U.S. corporate clients to contact their local Congress person with their concerns. Gurtu & McGoldrick LLP has already undertaken measures to bring this topic to the attention of the concerned members of Congress. Hopefully, the U.S. Congress will take an extraordinary step in some manner given the urgency of the problems which foreign workers, especially those in the computer field have devoted to solve for the U.S. industry which at present is known to be running at a fast pace and needs their assistance. We will keep you informed.