Recent Developments in Immigration Law

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES UPDATES

H-1B Cap for Fiscal Year 2007 - Plan Ahead

On April 1, 2007, employers may begin filing new H-1B petitions for Fiscal Year 2008, which begins October 1, 2007. The quota or "cap" for new H-1B petitions is 65,000 per year, and of these, 6,800 visas are set aside based on Free Trade Agreements with Chile and Singapore. An additional 20,000 H-1Bs are available for beneficiaries with U.S. master's degrees.

Employers are encouraged to plan ahead, as numbers may run out quickly after filing begins. Please contact immigration counsel to begin the process for H-1B petitions for new hires, changes of status to H-1B (such as change from L-1 or TN), and students whose optional practical training EADs will expire prior to October 1, 2008. We also encourage employers to plan ahead for overseas transferees who may not qualify for L-1 status.