Updates - November 2001

H-1B Visa and Immigration
	LAW OFFICE OF AJAY K. ARORA Empire State Building 350 Fifth Avenue, Suite 1415A New York, NY 10118 Phone: (212)268-3580 Fax: (212)268-3582 Email: info@h1b1.com

Disclaimer: This article is not intended to establish an attorney-client relationship. All information contained herein is generalized. Any reliance on information contained herein is taken at your own risk

UPDATES - Year 2001

2003 | 2002 | 2001 | 2000

November 2001 | August 2001 | January 2001

November, 2001

Temporary Freeze on NIVs at Consulates in Canada and Mexico

The Department of State (DOS) has advised the American Immigration Lawyers Association (AILA) that it is temporarily: 1) Suspending the on-line nonimmigrant visa (NIV) appointment system and the 900 number appointments for third country national (TCN) processing at border posts as of 11/16/01. It appears that the suspension is across the board for all nationalities at the moment; and 2) Notifying those with appointments to postpone their trip until the impact of the applicants' departure from the U.S. is confirmed with the INS.

According to the DOS, the decision is due to the fact that the INS may be changing its border practices for security reasons. After September 11, 2001, the INS is apparently reconsidering its policy of readmitting non-immigrants to the U.S. after a stay of less than 30 days in Canada or Mexico. It is not clear whether this restriction on re-entry will apply only to nationals of the 26 countries subject to additional security clearances or if the restriction will apply to all countries nationals on NIVs. Apparently, DOS does not want to overwhelm Canada and Mexico with an undue number of NIV applicants whose cases are pending due to background and security checks and some of whom may not be readmitted to the U.S. as a result of those checks. We will keep you posted.

H-1B Cap and FY 2002

Fiscal Year (FY) 2001 ended on September 30, 2001. The quota for FY 2001 allowed for 195,000 H1Bs. Per INS statistics, however, the actual number of H1B approvals during FY 2001 was only 163,200. As of September 30, 2001, there were about 29,000 H1B petitions pending for cases subject to the cap. Any of those cases that are approved will be counted toward the cap for FY 2002 (October 1, 2001 to September 30, 2002). The FY 2002 cap is also 195,000.

[Note: Please consult with an attorney specializing in Immigration & Nationality law for professional advice in specific situations.]

Ajay K. Arora, Esq., is a prominent member of the Immigration & Nationality bar in New York City and a member of the American Immigration Lawyers Association. He may be contacted at (212)268-3580.