We are fast approaching the April 1st deadline for the filing for new H-1B visas for the 2008 to 2009 Fiscal Year (FY 08-09). H-1B Petitions for FY 08-09 must be received by the U.S. Department of Homeland Security ("DHS"), Citizenship and Immigration Services ("USCIS") on April 1st, 2008. If you do not begin to make preparations as early as possible then you will be unable to secure an H-1B (subject to the cap) for the October 1st, 2008 start date.

Last year during the H1B filing mania many applicants did not get the visa because the petitions were not filed in a timely manner. Other cases were not "properly filed" and were incomplete or deficient in some way and they were therefore not approved even though they were filed in a timely manner. If petitioners fail to properly meet each one of the regulatory filing requirements, then the petition may not be considered "properly filed" and may be returned.

There are a few things that prospective H-1B employers and H-1B employees can do to improve the likelihood that the H-1B will be accepted by the USCIS. First, be sure that all of the appropriate documentation is contained in the H-1B petition from the start. Second, be sure that the H-1B is submitted to the USCIS in a timely manner. Third, be sure that the H-1B is sent to the proper CIS Service Center for adjudication. Fourth, mark your cases in red cover sheets if it subject to the Masters cap to increase the chances the case will be logged properly.

Who is not subject to the H1B numerical Cap?

A.     Persons who are already working in H-1B cap-subject jobs and who are seeking to extend their stay in the U.S. or to change employers;

B.     Persons with advanced degrees in the U.S. are subject to a separate quota of 20,000 per year. Last year, it took several weeks for this quota to fill;

C.     Some employers are exempt from the numerical caps: a. Institutions of higher learning or related or affiliated non-profit entities; b. Government research organizations; and c. Non-Profit research organizations;

D.     Frequently Overlooked Exemption: Persons who are employed "at" one of the above organizations even if they are employed by a "for-profit" employer;

E.      Exemption: Physicians who have received J waivers by being sponsored by either a federal or state "interested governmental agency";

F.      Exemption: Persons who have been in H-1B status sometime during the past six years who have yet to use up all of their six years;

                G.     Persons who are citizens of either Chile or Singapore have their own                             sub-quotas within the 65,000 cap because their governments have                             signed Free Trade Agreements with the U.S.
 

If you, or any member of your staff, are interested in receiving experienced H-1B legal advice, outstanding H-1B preparation services, and reasonable H-1B pricing, please contact our offices at 619-819-9204 or e-mail to us at info@h1b.biz