Immigration Law

Get Your H-1B Visa Filed by April 1, 2009

By Robert Kraft

On April 1, 2009, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for the 2010 fiscal year. Since there are only 65,000 H-1B visas issued per year, yet there are more than 65,000 applicants, the H-1B visas are entered into a random computer lottery system.

If a foreign national is selected in the H-1B program, he or she is allowed to work in a specialty occupation that requires theoretical or technical expertise in a specialized field. This may include scientists, engineers, and commuter programmers to name a few. Employment will commence on October 1, 2009, for fiscal year 2010. Since H-1B petitions cannot be filed more than six months before employment commences, it is vital to file the H-1B petition no earlier than April 1, 2009.
 
The following are individuals who are exempt from the 65,000 cap.
...   The first 20,000 H-1B petitions for those individuals who have earned a U.S. masters degree or higher education.
...   Individuals who will work at institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations.
...   Current H-1B workers who were previously counted in the cap.
 
For more information on H-1B petitions, please call us at 214-999-9999.

Full post as published by Immigration Law Answers Blog on March 23, 2009 (boomark / email).