UPDATE ON CURRENT H-1B VISA QUOTA COUNT

May, 2006

The Law Offices of Chat Gurtu PC is a full service law firm dedicated to providing the highest quality legal counsel. Although quite diversified, the firm’s practice is primarily devoted to business and commercial matters, with emphasis in the representation of local, national and international investors and businesses; international trade and customs law, including tax haven activities; international licensing, technology transfer agreements and joint ventures; immigration and consular matters, including business and investor visas; international, federal and state taxation, including appearances before the U.S. Tax Court; general commercial and civil litigation, including appellate practice; real estate; and, bankruptcy.

In addition to providing technical representation to our clients, we are available to assist them in locating attractive investment opportunities in the U.S. and abroad, and in evaluating the business and economic aspects of the various investments and transactions.

The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The Act also makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution.

Note: This Memorandum is designed to alert clients to general developments in law in the United States of America and to planning opportunities. Such developments and opportunities are necessarily discussed in general terms, and therefore, should not be acted upon without professional advise.

	Cap	Beneficiaries Approved	Beneficiaries Pending	Beneficiary Target *	Total	Date of Last Count
H-1B	58,200 **	3,907	8,806	61,000	12,713	4/24/2006
H-1B Advance Degree Exemption	20,000	898	1,460	21,000	2,358	4/24/2006
H-1B (FY 06)	58,200	------	------	------	Cap Reached	8/10/2005
H-1B Advance Degree Exemption (FY 06)	20,000	------	------	------	Cap Reached	1/17/2006

Note:

* Refers to the estimated numbers of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. Each target is subject to revision later in the cap cycle as more petitions are processed.

** 6,800 are set aside for the H-1B1 program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement. Unused numbers in this pool can first be made available for general use on October 1, 2006, the start of FY 2007.

Time Frame for Filing

The Fiscal Year 2006 quota was reached in August 2005, almost two months before the current fiscal year began. In view of the dramatically premature shutdown of the H-1B visa category, employers with needs for new H-1B candidates for the coming fiscal year need to file those petitions early. We are strongly encouraging our clients to file H-1B petitions for new workers in May 2006, as we expect the FY 2007 quota to be reached earlier than August this year.

About Us

GURTU & McGOLDRICK LLP is a full service law firm dedicated to providing the highest quality legal counsel. Although quite diversified, the firm’s practice is primarily devoted to business and commercial matters, with emphasis in the representation of local, national and international investors and businesses; international trade and customs law, including tax haven activities; international licensing, technology transfer agreements and joint ventures; immigration and consular matters, including business and investor visas; international, federal and state taxation, including appearances before the U.S. Tax Court; general commercial and civil litigation, including appellate practice; real estate; and, bankruptcy. In addition to providing technical representation to our clients, we are available to assist them in locating attractive investment opportunities in the U.S. and abroad, and in evaluating the business and economic aspects of the various investments and transactions.


The Thought -
“We must not allow the clock and the calendar to blind us to the fact that each moment of life is a miracle and mystery”

Chat Gurtu, Attorney & C.P.A. Solicitor - England & Wales

Gurtu & McGoldrick LLP - International Law Firm