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