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Deadline for new H-1B visa petition filing is fast approaching
On Monday, April 2, 2007, CIS will begin accepting new H-1B petitions for Fiscal Year 2008. These petitions are for NEW employment start dates beginning on or after October 1, 2007. Failure to file by April 2nd may make U.S. employment unavailable until late 2008. Employers who have identified a candidate for new H-1B employment should act immediately to take advantage of this limited window of opportunity.
Last year, the 65,000 quota for H1Bs was reached only 6 weeks after CIS began accepting applications. This year we expect the quota to be reached much sooner, perhaps on the first day.
We encourage employers to make a final review of H-1B staffing needs over the coming 18 months to determine if a filing should be made. Those eligible for the H-1B are new hires effective October 1, 2007 and current employees with status that will end before October 2008, such as those in F-1 optional practical training status, TN Canadian or Mexican professional status and J-1 practical training status.
The quota does NOT apply to foreign nationals who currently have H1B status, since these individuals may extend their status or change employers without respect to the annual cap.
Citizens of Singapore and Chile enjoy a separate quota, which is available now and which will continue to be available throughout the coming fiscal year. Australians can take advantage of the new E-3 visa, which became operational in the fall of 2005. New H-1B visas for FY08 will continue to remain available until later in 2007 for graduates of U.S. universities with Masters degrees [or higher].
Although Comprehensive Immigration Reform may provide additional H-1B visas at some later time in FY08, employers seeking to bring professional workers on board before October 2008 should file NOW.
Certain employers are exempt from the cap, most notably non-profits affiliated with universities, including many health care facilties. These may petition for new H-1B employees at any time.
Please contact us immediately if you may have a prospective candidate for new H-1B employment.
The Visa Bulletin was updated on March 20, 2007 for April, 2007
Thank you for taking the time to read this E&M Visa Update.
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Elliot & Mayock LLP
Immigration Attorneys
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1-866-321-VISA (8472) toll free
http://www.emvisa.com
E&M Washington Office
1629 K Street NW, 12th Floor
Washington, DC 20006-1643
Tel: (202) 429-1725
Fax: (202) 452-0161
infodc@emvisa.com
E&M San Francisco Office
220 Sansome Street, 12th Floor
San Francisco, CA 94104-2327
Tel: (415) 765-5111
Fax: (415) 765-5122
infosf@emvisa.com
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