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March 19, 2000 Immigration News Update
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Business Immigration News Update 
from True, Walsh & Miller 
March 19, 2000


The General Counsel of the INS has informed the American Immigration Lawyers Association (AILA) that the H-1B cap has been reached.  A notice will be published in the Federal Register on Tuesday, March 21 announcing this fact, and detailing procedures for pending petitions.

While it is impossible to know how the INS will treat pending petitions, the INS is likely to follow the same procedure as last summer. 

The INS has also informed AILA that while it will not count any H-1B visas that may have been improperly issued during 1999 to the 2000 cap, it reserves the right to deduct them in future years. 

This is the earliest yet that the H-1B cap has been reached.  Last year the cap was not hit until May, and just a few years ago the H-1B cap was not an issue.  This is a clear indication that new H-1B legislation is needed.

On the legislative front, a new bill (H.R.3983) introduced in the House of Representatives last week would overhaul the H-1B system, end discriminatory per country quotas for employment-based immigrant visas, and permit certain H-1B visa holders to extend their stays in the U.S. beyond six years. The Hatch-Abraham bill (S.2045) which recently passed the Senate Judiciary Committee is scheduled to be voted on by the full Senate soon.

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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. 




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