Employers can file for new H-1B hires starting April 1, 2008. These petitions can only be filed for an H-1B start date of October 1, 2008 or later. It is important for employers to start planning now for these April 1 filings, as the allotment of H-1B numbers is expected to be used up on the first day of filing, similar last year. Now is the time to review the needs of your company and determine whether any of your employees (or prospective employees) will need H-1B status anytime during the next 19 months. If so, we recommend that you pursue the filing of an H- 1B petition now, to ensure ongoing employment for those with limited work authorization.
It is important to note that last year, the U.S. Citizenship and Immigration Services (USCIS) announced on April 3, 2007, that it had received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2008 (FY 2008). USCIS then used a random selection process (lottery) for all cap-subject filings received on April 2, 2007 and April 3, 2007. USCIS rejected and returned along with filing fee(s) all petitions received on those days that were not randomly selected.
Congress needs to hear from employers affected by this H-1B crisis. Only contact by employers in need of talented international workers will ensure that the issue stays front and center for needed change.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
