Preparing Now for FY 2008 H-1B Visa 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.  We want 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 2008 on April 1, 2007.

While there is much talk and some pending legislation regarding increasing the number of available visas, we urge employers and qualifying employees to initiate the filing process now in order that completed application can be submitted to the USCIS by April 1, 2007.  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.

If your organization plans to file an H-1B petition for an employee or prospective employee, please note that for FY 2007, USCIS began accepting applications for H-1B workers on April 3, 2006 and the cap was reached on May 26, 2006.  Any cases filed with USCIS after the cap was reached were returned with instructions to re-file after April 1, 2007.

Many of our H-1B clients have submitted the necessary documents and payments to our Firm and we are already preparing those applications.  To ensure the visa application filed on behalf of your employee is accepted, we want to stress the importance of thorough and timely preparation and filing of H-1B applications.

Please note, USCIS continues to accept and process quota-exempt H-1B petitions, for employment at institutions of higher education or related or affiliated nonprofit entities; at nonprofit research organizations or governmental research organizations; for certain former J-1 physicians; for employees already counted against the quota during the past six years; and for quota exempt H’s seeking concurrent quota-subject employment.

Disclosure: This Immigration Law Alert is provided for informational purposes only and is not intended to serve as or provide specific legal advice regarding a particular matter. Should you have specific questions regarding an immigration matter, please contact Jon P. Yormick, Managing Attorney, or Jennifer Cooper, Immigration Specialist., Yormick & Associates, Co., L.P.A., T: +1.216.928.3474, F: +1.216.566.0857, e-mail: [email protected] or [email protected].


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