Business Immigration News Update 
from True, Walsh & Miller 
March 3, 2000

The INS has finalized a rule implementing certain provisions of a 1998 law concerning H-1B nonimmigrant visas. Among other things, the rule: (1) finalizes a $500 training fee that most employers have to pay to file an H-1B visa petition; (2) clarifies which organizations are exempt from having to pay that $500 fee; and (3) summarizes a new I-129W form that H-1B petitioners must file along with the regular I-129 form.

This rule is NOT the big rule that everyone has been waiting for, concerning H-1B dependent employers. That rule will be published by the Labor Department. The Labor Department has sent that rule off to the Office of Management and Budget for a final review. Expect that rule to come out sometime later this spring.

For the full text of the new INS rule, go to http://www.wais.access.gpo.gov. The document ID is DOCID:fr29fe00-4. If you need help figuring out how the rule applies to your situation, contact one of the attorneys listed at the end of this newsletter.

As readers of this newsletter know, the current number of H-1B visas is insufficient. H-1B visa numbers may run out any day, meaning that needed employees may not be able to work until October 1, when a new fiscal year begins. Bills to increase H-1B visa numbers have been introduced in both the Senate and the House of Representatives. Below is a model letter to Senators asking them to support such a bill. Please send the same or similar letter out today. Every letter helps!

The Honorable (full name)

__ (Rm.#)__(INSERT NAME OF OFFICE BUILDING)

United States Senate
Washington, DC 20515
Re: S. 2045

Dear Senator:

We urge you to support S. 2045, introduced by Senators Orrin Hatch, Spencer Abraham, Robert Graham, Phil Gramm, Dianne Feinstein, and others, which would help support our strong economy by increasing the limits on the H1-B temporary visa program. This program allows U.S. employers such as EMPLOYER NAME to temporarily sponsor a limited number of foreign professionals in positions for which they have a need. Last year Congress increased the number of H1-Bs in the program, but that limit was reached early this year and we expect to reach the cap even earlier in 2000. As a result, we cannot use this government-regulated program to help keep EMPLOYER NAME economically strong and competitive. (EXPLAIN HOW H-1BS ARE IMPORTANT TO YOUR BUSINESS.)

The H1-B program is highly regulated, prohibits employers from abusing H-1B visa holders or undercutting U.S. workers, and generates jobs for Americans by allowing U.S. companies to continue to expand, supporting our booming economy.

In closing, we once again urge you to support S. 2045, a balanced and reasonable approach to this impending economic crisis. Please support U.S. business by helping us to continue to sponsor needed foreign professionals. Thank you.

Sincerely,

pc: Senator's District Office

Steve Yale-Loehr will hold a live Internet chat about work-related visas and green cards on Monday, March 6, at 5 pm EST. To participate in the chat session, go to http://www.ilw.com/chat/calendar and log in. We look forward to your questions!

Steve Yale-Loehr has also co-authored an article about H-1B visas for nurses and other professional workers as part of his regular immigration column for the New York Law Journal. The article is reprinted here

_________

That’s it for this issue. For answers to any of your immigration questions, contact Hilary Fraser (htf@millermayer.com), Rosie Mayer (rma@millermayer.com), or Steve Yale-Loehr (syl@millermayer.com) at True, Walsh & Miller.