10/08/2004 IMMIGRATION ALERT
H-1B ADVOCACY

As you should be aware, the H-1(b) quota for fiscal year 2005, which runs from October 1, 2004 until September 30, 2005, was reached the very first day of the new fiscal year. This effectively means that there are currently no new H-1’s available and that unless there is some legislative action, there will be no new H-1’s for a full year. This specifically impacts hiring directly from off-shore and/or hiring U.S. graduates who may happen to be foreign nationals. It does not impact the hiring of individuals who are already on an H-1 with another company, commonly referred to as H-1 transfers.

It has been reported that there is a possible window of opportunity for legislative action -- Congress is in a lame duck session which begins on or about October 15 and will last for approximately two weeks. If no legislative action is taken during that session, it is likely that there will be no relief until after the new Congress reconvenes next year.

If your company uses H-1(b) workers, we encourage you to support a current legislative push to increase the quota by excepting certain workers from being counted against the H-1 cap .

There are two ways that you can provide assistance. The first of which is to contact your Congressman and/or Representative. Call your elected officials via the Congressional switchboard (202-224-3121), or go to http://capwiz.com/aila2/mail/oneclick_compose/?alertid=5183421 to send a letter to your Members of Congress.

The second way in which you can help is to allow Hammond Law Group to draft a letter which would specifically describe circumstances in which the loss of H-1(b) visas negatively impacts your business. We will then distribute these letters through appropriate channels.

If you are interested in having us assist you in communicating to your Representative, please contact your primary attorney or send an e-mail to Amy Dalal, ard@hammondlawfirm.com, who will be coordinating our efforts over the next several weeks. We appreciate your assistance.