Due to the downturn in the US and global economy, for the first time in years the H-1B visa cap was not been reached within the initial filing window. Consequently, the United States Citizenship and Immigration Service (CIS) has continued to accept H-1B visa petitions. The CIS, however, recently updated the number of H-1B visa petitions it has received, making it evident that the CIS is approaching the maximum number of H-1B visa petitions allowable for the fiscal year. The immigration laws provide for 65,000 H-1B visas each fiscal year (October 1 to September 30), plus another 20,000 H-1B visas for those who have attained a US Master’s degree or higher. The CIS began accepting petitions for H-1B working visas on April 1, 2009. As of November 30, the CIS has received approximately 58,900 H-1B visa petitions needed to meet the general visa cap. The CIS also indicated that it has already received the maximum H-1B visa petitions allowable for those with at least a US Master’s degree, but that it will continue receiving petitions until the general visa cap is reached. The opportunity to still file H-1B visa petitions is helpful as it is the most used visa category for work authorization in the US. The H-1B visa is used by US companies -- both small independent companies and large multinational corporations -- to gain temporary employment authorization for professional workers. To qualify for an H-1B visa, the petitioning company must be able to prove the following requirements: (1) the position which the immigrant will fill is a “specialty occupation”, and (2) the immigrant meets the requirements for the specialty occupation. In other words, the company must prove that the position offered is a professional position that mandates an individual with at least a bachelor’s degree or equivalent in a specific field, and that the individual sponsored has that particular type of bachelor’s degree or work experience equivalence. The H-1B visa allows the individual to work in the US for an initial period of up to three years. The H-1B visa can thereafter be extended for another three years, and then at one to three year intervals provided certain requirements are met. While working in the US as an H-1B visa holder, the individual can then undertake the steps necessary to obtain lawful permanent residency. The family members of an H-1B visa holder are also able to derive benefits for themselves. The spouse and unmarried children under age twenty-one are eligible to obtain an H-4 dependent visa in order to accompany the H-1B visa holder to the US. The laws allow the submission of a petition up to six (6) months before employment is to commence. H-1B petitions being filed will therefore allow an individual to commence work no earlier than October 1, 2009. While the number of H-1B visa petitions filed this year are substantially less than in years past, it is expected that the visa cap will be reached some time in the near future. Once the visa cap is reached, the CIS will announce a final receipt date. Petitions received on that final receipt date will be subjected to a random lottery system. If not chosen in the random lottery, or if filed after the final receipt date, the H-1B petition and filing fees will be returned to the petitioner. As it is uncertain when the final receipt date will be announced, it is extremely important that any company wishing to sponsor an employee for an H-1B visa do so immediately. For further information, please schedule an appointment at Aquino & Aquino, A Professional Law Corporation, 625 Fair Oaks Avenue, Suite 101, South Pasadena, CA, 91030; (626) 799-3089; info@aquinolaw.net. Please also visit us at www.aquinolaw.net.
Aquino & Aquino, A Professional Law Corporation, also handles family law, employment discrimination, unlawful termination, criminal defense, personal injury, wills, and living trusts.