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Siskind's Immigration Bulletin - EMERGENCY ALERT - H-1B Cap

March 17, 1999

E-mail subscribers as of February 26, 1998: 19,978 persons (50 states/125 
countries)

Published by Greg Siskind, partner at the Immigration Law Offices of
Siskind, Susser, Haas & Devine, Attorneys at Law; telephone: 800-748-3819,
901-737-3194 or 615-345-0225; facsimile: 901-737-3837 or 615-843-0424,
email: [EMAIL PROTECTED], WWW home page: http://www.visalaw.com. SSHD
serves immigration clients throughout the world from its offices in the US,
Canada and the People's Republic of China. To schedule a telephone or
in-person consultation with the firm, go to http://www.visalaw.com/intake.html.

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Sources tell us that the H-1B visa cap has been reached for the current 
fiscal year and that applications filed now will not be able to be 
adjudicated until October 1, 1999. The INS has approved 80,963 cases to 
this point, but indicates that there are more than 50,000 cases still 
awaiting adjudication. Only 34,000 visas remain available, so of the cases 
already filed, many will not be approved for this fiscal year. The INS is 
expected to soon make an announcement on this matter and we have not been 
able to receive official confirmation yet.

One point that is surely to be contentious in the next several days is how 
the INS will decide which cases get to be approved this year and which ones 
will not. The Vermont and Nebraska Service Centers both process cases 
considerably faster than the service centers in Texas and California. Our 
sources tell us that the INS is considering a plan to give preference to 
cases filed in Texas and California rather than relying on a system where 
cases are counted against the cap in the order approved (which would 
presumably favor applications filed in Vermont and Nebraska).

Because the INS has yet to announce the cap has been reached, it still may 
be advantageous to file applications in order to have them pending for 
approval at the beginning of the 2000 fiscal year in October. Many believe 
that the 2000 cap could be reached in the first few months of the coming 
fiscal year.

We will update readers on our web site at http://www.visalaw.com as news on 
this important issue develops. We will also report more extensively on this 
topic in our next newsletter which should be posted at the end of this month.


Regards,

Gregory Siskind, Attorney at Law

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