Dear Readers:

Rumors abound regarding when the H-1B cap is going to be hit. We know it is coming soon. Only about half of the 65,000 H-1B visas available for this fiscal year were available when the new quota started on October 1^st. That was because some visas were reserved for Chileans and Singaporeans under a new free trade agreement. And other visas were already claimed based on applications pending before the fiscal year started. The USCIS is telling the American Immigration Lawyers Association that several weeks remain before the cap will be hit. Other sources are reporting that the cap could be hit even before December is over. Readers are warned to heed this prediction and act accordingly to secure a visa quickly.

Once the cap is hit, the reality of nine months with few H-1B visas being issued will hopefully force Congress to deal with the problem. Even in the recession that has existed for the past three years, a quota of 65,000 would not have been adequate. It has been easy for people to attack the H-1B quota when visas have been available. The debate may change when medically underserved communities cannot find their doctors. It may change when school systems don’t have teachers in the classroom when the school year starts next fall. It may change when key business personnel are not able to enter the US to carry on key functions for American companies. And as the technology sector recovers, we’ll be back in the situation of the late 1990s when American workers were fully employed and H-1B workers were crucial to the success of an industry. Wait and see…

This is our last issue of the year since next week we’ll be taking a week off from publishing. The last half of December is usually a quiet period for most immigration law firms. With the Christmas holiday, school vacations and the phone ringing less than usual, many of our people choose to take vacations or work reduced hours. That includes me. I’ll be taking the family on a road trip to visit family in a warmer climate.

To all our readers, we wish you a happy holiday season and hope that 2004 is happy, prosperous and healthy.

Finally, as always, we remind readers that we're lawyers who make our living representing immigration clients and employers seeking to comply with immigration laws. We would love to discuss becoming your law firm. Just go to http://www.visalaw.com/intake.html to request an appointment or call us at 800-748-3819 or 901-682-6455.

Regards,

Greg Siskind