Home » Law » National, State, Local

Sponsor Your Employees for H1B Visas by April 1, 2008!

Feb 28, 2008
The number of new H-1Bs issued each year in the United States is subject to an annual congressionally-mandated quota. Each H-1B quota applies to a particular Fiscal Year, which begins on October 1. Applications for the upcoming Fiscal Year are accepted beginning on the preceding April 1 (or the first working day after that date).

All employers who are thinking about filing for an H-1B visa, for fiscal year 2009, must do so as early as April 1, 2008; otherwise, they are taking the chance that the quota will run out for 2009. In 2007, The U.S. Citizenship and Immigration Services ("USCIS") received approximately 120,000 petitions, and the quota of 65,000 petitions (which were randomly selected) was filled on the first date filing was permitted, April 1.

In addition to the 65,000 quota, there is a separate allocation of 20,000 additional H-1B visas for those with a Masters degree or higher, earned at a U.S. university. For the fiscal year 2007, this allocation was filled approximately four weeks after the first permissible date of filing.

The H-1B is the most frequently obtained temporary work visa under the non-immigrant visa category in the United States under the Immigration & Nationality Act, section 101(a)(15)(H), and is available for full-time employment.

The H-1B classification is for "specialty occupations" only, which requires theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor's degree or its equivalent as a minimum.

If the occupation requires a license to perform the duties of the job, the alien must have that license prior to the approval of the H-1B petition. H-1B work-authorization is strictly limited to employment by the sponsoring employer.

Only "new employment" is covered under the 65,000 H-1B quota. Someone who has received an H-1B within the last six years and applies for another H-1B with a different employer is not subject to the quota. H-1B extensions as well as H-1B petitions by institutions of higher education or related or affiliated nonprofit entities, or nonprofit research organizations, or governmental research organizations are also not counted against the quota.

Below is a list of common errors that cause an H-1B petition to be rejected:

1. Incorrect fees: It is suggested to submit fees in separate checks. This lessens the likelihood of unintentional math errors when calculating the total fees due.

2. Inconsistent and incorrect answers on form I-129 and supplements. Double check the petition for consistency.

3. If your worker is or has been a J-1 worker, note that Part C, #4 of I-129 H-1B Data collection Supplement does not refer to all Js with a waiver of 2 year foreign residency rule (212e). Do not check "yes" unless your worker is a doctor who has been granted a Conrade 30 waiver to work in a medically underserved area.

So, if you're an employer looking to sponsor an employee for an H-1B visa, do not delay! Contact experienced legal counsel immediately, since it takes several weeks to translate transcripts and have an equivalency evaluation for college and work experience and to prepare all necessary forms.

File the petition by April 1, 2008, and file it correctly. Incorrect applications will not be accepted, and this may prevent or slow down the process of obtaining the H-1B process considerably.
About the Author
Eli Kantor is an attorney in private practice in Beverly Hills, CA representing employers in all aspects of labor, employment and immigration law. For more information contact Eli at (310) 274-8216 or visit his websites: Sexual Harassment Prevention and Beverly Hills Immigration Law
Rating:
Please Rate:
(Average: Not rated)
Views: 308
Print Email Report Share
Article Categories
    • Artists
    • Gambling
    • Humanities
    • Humor
    • Movies
    • Music
    • Photography
    • Tattoos
    • Television
    • Classic Cars
    • Motorcycles
    • Recreational Vehicles
    • SUVs
    • Trucks
    • Vans
    • Branding
    • Business Opportunities
    • Careers and Jobs
    • Corporate
    • Customer Service
    • Direct Mail
    • Entrepreneurship
    • Ethics
    • Financing
    • Franchising
    • Home-Based Business
    • Human Resources
    • Import and Export
    • Leadership
    • Management
    • Market Research
    • Marketing and Advertising
    • Negotiation
    • Network Marketing
    • Networking
    • Organizational
    • Presentation
    • Project Management
    • Public Relations
    • Small Business
    • Strategic Planning
    • Team Building
    • Telemarketing
    • Training
    • Data Recovery
    • Databases
    • Games
    • Hardware
    • Networks
    • Operating Systems
    • Programming
    • Security
    • Software
    • Spyware and Viruses
    • Ask an Expert
    • College and University
    • Home Schooling
    • K-12
    • Languages
    • Online Education
    • Psychology
    • Accounting
    • Credit
    • Currency Trading
    • Debt Consolidation
    • Insurance
    • Investing
    • Leasing
    • Loans
    • Mortgage
    • Mutual Funds
    • Personal Finance
    • Stock Market
    • Structured Settlements
    • Taxes
    • Wealth Building
    • Coffee
    • Cooking
    • Gourmet
    • Recipes
    • Wine and Spirits
    • Acne
    • Aerobics
    • Alternative Medicine
    • Beauty
    • Cancer
    • Cosmetics
    • Depression
    • Diabetes
    • Diseases and Conditions
    • Fitness Equipment
    • Fitness
    • Hair Loss
    • Heart Disease
    • Medicine
    • Men's Health
    • Muscle Building
    • Nutrition
    • Skin Care
    • Supplements and Vitamins
    • Weight Loss
    • Women's Health
    • Yoga
    • Arts and Crafts
    • Babies
    • Collecting
    • Elderly Care
    • Genealogy
    • Hobbies
    • Parenting
    • Pets
    • Pregnancy
    • Woodworking
    • Feng Shui
    • Gardening
    • Home Appliances
    • Home Security
    • Interior Design
    • Landscaping
    • Affiliate Programs
    • Article Marketing
    • Auctions
    • Audio
    • Banner Advertising
    • Blogging
    • Broadband
    • Domain Names
    • E-Books
    • E-Commerce
    • Email Marketing
    • Ezines and Newsletters
    • Forums
    • Internet Marketing
    • Link Popularity
    • Pay-Per-Click
    • Podcasting
    • RSS
    • Search Engine Marketing
    • Search Engine Optimization
    • Security
    • Social Media
    • Spam
    • Video
    • Viral Marketing
    • Web Design
    • Web Development
    • Web Hosting
    • Buying
    • Selling
    • Baseball
    • Basketball
    • Boating
    • Cycling
    • Extreme Sports
    • Fishing
    • Football
    • Golf
    • Hockey
    • Hunting
    • Martial Arts
    • Running
    • Scuba Diving
    • Soccer
    • Swimming
    • Tennis
    • Dating
    • Divorce
    • Marriage
    • Weddings
    • Astrology
    • Buddhism
    • Christianity
    • Faith
    • Hinduism
    • Islam
    • Judaism
    • Meditation
    • Metaphysical
    • New Age
    • Cable and Satellite TV
    • Cell Phones
    • Communication
    • Gadgets and Gizmos
    • GPS
    • Satellite Radio
    • Video Conferencing
    • VoIP
    • Addictions
    • Coaching
    • Goal Setting
    • Motivational
    • Stress Management
    • Time Management
    • Clothing
    • Electronics
    • Fashion
    • Gifts
    • Jewelry
    • Causes and Organizations
    • Environment
    • History
    • Holidays
    • Men's Issues
    • Nature
    • Philosophy
    • Politics
    • Women's Issues
    • World Affairs
    • Air Travel
    • Camping
    • Cruises
    • Destinations
    • Outdoors
    • Article Writing
    • Book Reviews
    • Copywriting
    • Fiction
    • Non-Fiction
    • Poetry
    • Quotes
    • Screenplay
    • Tools and Resources