| The number of new H-1Bs issued each year in | | | | H-1B work-authorization is strictly limited to |
| the United States is subject to an annual | | | | employment by the sponsoring employer. |
| congressionally-mandated quota. Each H-1B quota | | | | Only "new employment" is covered under the |
| applies to a particular Fiscal Year, which begins on | | | | 65,000 H-1B quota. Someone who has received |
| October 1. Applications for the upcoming Fiscal | | | | an H-1B within the last six years and applies for |
| Year are accepted beginning on the preceding | | | | another H-1B with a different employer is not |
| April 1 (or the first working day after that date). | | | | subject to the quota. H-1B extensions as well as |
| All employers who are thinking about filing for an | | | | H-1B petitions by institutions of higher education or |
| H-1B visa, for fiscal year 2009, must do so as | | | | related or affiliated nonprofit entities, or nonprofit |
| early as April 1, 2008; otherwise, they are taking | | | | research organizations, or governmental research |
| the chance that the quota will run out for 2009. In | | | | organizations are also not counted against the |
| 2007, The U.S. Citizenship and Immigration | | | | quota. |
| Services ("USCIS") received approximately | | | | Below is a list of common errors that cause an |
| 120,000 petitions, and the quota of 65,000 | | | | H-1B petition to be rejected: |
| petitions (which were randomly selected) was | | | | 1. Incorrect fees: It is suggested to submit fees in |
| filled on the first date filing was permitted, April 1. | | | | separate checks. This lessens the likelihood of |
| In addition to the 65,000 quota, there is a | | | | unintentional math errors when calculating the total |
| separate allocation of 20,000 additional H-1B visas | | | | fees due. |
| for those with a Masters degree or higher, earned | | | | 2. Inconsistent and incorrect answers on form |
| at a U.S. university. For the fiscal year 2007, this | | | | I-129 and supplements. Double check the petition |
| allocation was filled approximately four weeks | | | | for consistency. |
| after the first permissible date of filing. | | | | 3. If your worker is or has been a J-1 worker, |
| The H-1B is the most frequently obtained | | | | note that Part C, #4 of I-129 H-1B Data collection |
| temporary work visa under the non-immigrant | | | | Supplement does not refer to all Js with a waiver |
| visa category in the United States under the | | | | of 2 year foreign residency rule (212e). Do not |
| Immigration & Nationality Act, section | | | | check "yes" unless your worker is a doctor who |
| 101(a)(15)(H), and is available for full-time | | | | has been granted a Conrade 30 waiver to work in |
| employment. | | | | a medically underserved area. |
| The H-1B classification is for "specialty | | | | So, if you're an employer looking to sponsor an |
| occupations" only, which requires theoretical and | | | | employee for an H-1B visa, do not delay! Contact |
| practical application of a body of highly specialized | | | | experienced legal counsel immediately, since it |
| knowledge in a field of human endeavor including, | | | | takes several weeks to translate transcripts and |
| but not limited to, architecture, engineering, | | | | have an equivalency evaluation for college and |
| mathematics, physical sciences, social sciences, | | | | work experience and to prepare all necessary |
| medicine and health, education, law, accounting, | | | | forms. |
| business specialties, theology, and the arts, and | | | | File the petition by April 1, 2008, and file it |
| requiring the attainment of a bachelor's degree or | | | | correctly. Incorrect applications will not be |
| its equivalent as a minimum. | | | | accepted, and this may prevent or slow down the |
| If the occupation requires a license to perform | | | | process of obtaining the H-1B process |
| the duties of the job, the alien must have that | | | | considerably. |
| license prior to the approval of the H-1B petition. | | | | |