Filings to Begin April 2 for Fiscal Year 2008 Quota of H-1B Visas

Feb, 2007

Because April 1, 2007, falls on a Sunday, the first day the United States Citizenship and Immigration Services ("USCIS") will accept H-1B petitions to be counted against the fiscal year 2008 H-1B quota is Monday, April 2, 2007.

The H-1B quota was reached in late May last year, and it is anticipated that the quota will be reached earlier this year. In fact, many experts believe that the cap could be reached within a few days after April 2, 2007. Therefore, companies should make every effort to ensure that their H-1B petitions are mailed on Friday, March 30, 2007, for receipt by USCIS on Monday, April 2, 2007.

Employers should identify as soon as possible, potential employees for whom an H-1B petition will be necessary so that the petition may be prepared in advance of the recommended April 2 filing date.

The employment start date may be no more than 6 months from the date of filing the H-1B petition, and in no event earlier than October 1, 2007.

A special exemption is available for 20,000 additional H-1B petitions for beneficiaries who received an advanced degree from U.S. universities. Last year, this exemption ran out in late July of 2006, and it is expected to run out far earlier this year. Therefore, employers planning to file H-1B petitions for workers with U.S. advanced degrees should also prepare to file such petitions on April 2, 2007, or as quickly thereafter as possible

Chat Gurtu, Attorney & C.P.A.

Solicitor - England & Wales