Updates - March 2000

H-1B Visa and Immigration
	LAW OFFICE OF AJAY K. ARORA Empire State Building 350 Fifth Avenue, Suite 7716 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 2000

2003 | 2002 | 2001 | 2000

December 2000 | October 2000 | August 2000 | July 2000 | June 2000 | March 2000

March, 2000
The INS General Counsel has advised the American Immigration Lawyers Association (AILA) that the Federal Register notice that the fiscal year 2000 H-1B cap has been reached will be published on Tuesday, March 21. The most important excerpt from the Federal Register follows: "Section 214(g) of the Immigration and Nationality Act (the Act) provides that the total number of aliens who may be issued H-1B visas or otherwise granted H-1B status during Fiscal Year 2000 may not exceed 115,000. As of February 29, 2000, the Service has recorded 74,300 petitions against the cap for Fiscal Year 2000. As of February 29, 2000, there are more than 45,000 H-1B cap petitions pending at the four Service Centers. Since on average the Service approved 90 percent (90%) of the H-1B petitions it receives, there now appears to be a sufficient number of H-1B petitions pending at the four Service Centers to reach the cap for this fiscal year. Therefore, as of [Date of publication in the Federal Register], the Service will reject any petitions requesting a start date prior to October 1, 2000."
See the bullets below for info. on how the INS handled the cap last year and how it is handling the cases this year. Reminder: Amended petitions and petitions for extension of stay, whether through the same employer or another employer, are not subject to the H-1B cap. Keep your browsers pointed to the The Law Office of Ajay K. Arora for the latest information on this important topic.

The INS has indicated that procedures this year will be similar to those used last year when the H-1B cap was reached for FY 1999. This means that no new H-1B petitions will be accepted with a date earlier than October 1, 2000. Last year’s rule allowing persons in Duration of Status (F or J visa holders) to remain legally until the next fiscal year numbers are available will be repeated. However, such students or exchange visitors will not be allowed to work if the Employment Authorization Document (EAD) has expired.

Given that the cap has been reached, advocacy efforts in support of H-1B legislation are all the more urgent! PLEASE CONTACT YOUR ELECTED OFFICIALS, URGING YOUR SENATORS TO SUPPORT S. 2045 AND YOUR REPRESENTATIVES TO SUPPORT H.R. 3983. The Congressional Switchboard number is 202-224-3121.

Form I-129W will be required to accompany all H-1B petitions (Form I-129) filed on or after March 30, 2000. All petitioners will be required to complete Part A of the form. Part B needs to be completed if the petitioner is exempt from the $500 "surcharge." (In almost all instances the total INS fee is $610). The revised Form I-129W is optional before March 30, 2000. Any H-1B petitions filed after March 30 without this form will be rejected. All other

[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.