Preparing for FY 2007 H-1B Applications

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Yormick & Associates is dedicated to serving the needs of our Business Immigration clients effectively and in a cost-efficient manner.  At this time, we would like to remind our Clients and Friends of the Firm that the U.S. Citizenship and Immigration Service (USCIS) will begin accepting H-1B applications for FY 2007 on April 1, 2006.

Since 2003, Congress has established an annual H-1B cap of 65,000.  The documentation required for an H-1B application is substantial and may take some time to obtain.  For example, all foreign documents (including academic credentials) must be submitted to USCIS with a certified English translation.

If your organization plans to file an H-1B petition for an employee or prospective employee, please note that for FY 2006, USCIS began accepting applications for H-1B workers on April 1, 2005 and the cap was reached in August 2005.  Any cases filed with USCIS after the cap was reached were returned with instructions to re-file after April 1, 2006.  Presuming similar filing patterns will occur, the FY 2007 cap can be expected to be reached in early to mid-summer 2006.

Many of our H-1B clients have submitted the necessary documents and payments to our Firm and we are already processing those applications.  To ensure the visa application filed on behalf of your employee is accepted, we would like to stress the importance of thorough and timely preparation and filing of H-1B applications.   If you have or will  hire an H-1B employee, we would be pleased for you to retain our services promptly.  A Legal Services Agreement will be forwarded upon request.  Once retained, we recommend that clients and beneficiaries forward to our office the following documents, as soon as possible:

    1. A copy of every page in the employee’s passport;
    1. A copy of his or her university degree;
    1. A copy of his or her professional license, if applicable;
    1. A copy of his or her current resume, including employment history;
    1. A copy of his or her current I-94 (if in the U.S.);
    1. A copy of all professional certificates;
    1. A copy of all U.S. immigration documents (including past I-20s and
      IAP 66s, if applicable);
  1. If his or her credentials were evaluated to the equivalent of a U.S.
    bachelors degree, a copy of the credentials evaluation.

Other documents may be necessary on a case-by-case basis.  To ensure proper and timely delivery, the above documents should be forwarded to our office via overnight courier.  Only early receipt of all required documents and filing fees will ensure that the H-1B application will be delivered from our office to USCIS on April 1, 2006.

If you have any questions regarding H-1B or other Business Immigration questions, please contact our office at +1.216.928.3474 and ask to speak with Senior Attorney Susan L. Riddle or Associate Cathy C. Prusinski or submit your question or request to [email protected].

Disclosure: This Immigration Alert is provided for informational purposes only and is not intended to serve as or provide legal advice relating to a particular matter. Should you have specific questions regarding an immigration matter, please contact Cathy C. Prusinski, Esq., Kim K. Alabasi, Esq., or Susan L. Riddle, Esq., Yormick & Associates, Co., L.P.A., T: +1.216.928.3474, F: +1.216.566.0857, e-mail: [email protected],  [email protected], or [email protected].


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