FY 2009 H-1B Quota
As in the past, there will be a limited number of new H-1B visas available for federal fiscal year 2009, which begins on October 1, 2008. The quota limitations are as follows:
Regular cap (Bachelor's degree): 58,200
Regular cap, citizen of Chile: 1,400
Regular cap, citizen of Singapore: 5,400
Master's cap (Master's degree or higher from a U.S. University): 20,000
The filing window will open on April 1, 2008. You may recall that on the first day the filing window opened last year USCIS received 120,000 H-1B petitions. As mandated by regulation USCIS then selected "winners" through a random selection process; all petitions received on the first and second day the filing window opened were entered in the lottery. We anticipate that demand will far outweigh supply again this year , so it is imperative that all new H-1B petitions be received at USCIS on the first day the filing window opens.
Note that duplicate filings to increase one's chances of obtaining a number in the lottery are not permitted, and will invalidate both filings. Also, people frequently ask whether filing with a premium processing request will enhance their chances of obtaining an H-1B number. USCIS has confirmed that all petitions received on the first 2 days of filing will be entered into the lottery; there will be no advantage to those who premium process. Note also that premium processing will result in faster adjudication of the petition (15 calendar days versus 3+ months), but the start date on the petition cannot be any earlier than October 1, 2008.
If you have employees or candidates who require H-1B sponsorship, please initiate those cases through our automatic intake system at this time. We cannot file prior to April 1, but we must prepare cases in advance in order to ensure filing with USCIS on April 1. Again, please note that by law the effective date (date that H-1B work authorization will take effect) for these petitions cannot be any earlier than October 1, 2008.
If an individual does not secure an H-1B visa for this federal fiscal year, unless Congress acts to increase H-1B numbers, there will be no more H-1B visas available until October 1, 2009.
Individuals who may need a cap-subject H-1B visa
1. F-1 students currently working pursuant to Optional Practical Training
2. Individuals in TN status (pursuant to the NAFTA Treaty)
3. Individuals who are nearing the end of their L-1B status
4. Candidates coming from abroad
5. Candidates seeking to transfer an H-1B from a cap-exempt to a cap-subject employer (such as a university to a for-profit company)
Cases which are NOT subject to the H-1B cap
1. H-1B amendments (filing to change a term or condition of employment for an employee who already holds H-1B status)
2. H-1B extensions (filing to extend the stay of an employee who already holds H-1B status)
3. H-1B transfers (filing to transfer an H-1B from Employer A to Employer B)
4. H-1B petitions for someone who has held an H-1B in the past 6 years, but has not been outside the U.S. for more than year
5. H-1B petitions filed by cap-exempt employers, such as universities or non-profit research institutions
USCIS filing fees
$320 Base filing fee for H-1B employee
$500 Fraud prevention fee (proceeds are ear-marked for prevention of immigration fraud)
$1500 Scholarship and Training fee (proceeds are ear-marked for education and training of U.S. workers)
$300 Base filing fee for H-4 dependent (spouse or child of H-1B employee)
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