Employers Must File for H-1B Workers Immediately

Employers must file immediately the petitions for nonimmigrant workers seeking H-1B status in light of projections that visa numbers will be used up even before the fiscal year begins.

H-1B filings for fiscal year 2007 beginning October 1, 2006 has kicked off during the last few days at the same pace as the previous fiscal year, according to an update from the US Citizenship and Immigration Service (USCIS).

A more accurate initial count of H-1B receipts will be available during the week, but if the current pace follows the number of H-1B filings last year, it is possible that H-1B visas will be used up even before October 1.

The H-1B visas for fiscal year 2006 were exhausted on August 10, or nearly three months before the said fiscal year began.

The annual cap for H-1B is 65,000. Over the past three years, H-1B numbers have been used up even before the fiscal year began, leading many US employers to call for an increase in the annual H-1B cap.

H-1B is granted to foreign workers in specialty occupations where the minimum requirement is a bachelor’s degree. Exampled of these occupations are accountants, architects, engineers, teachers, occupational therapists, medical technologists, management analysts, and computer professionals.

New Filing Locations

In a recent news release, USCIS announced that there will be new filing locations for two of the most common employment-based petition forms.

Beginning April 1, employers should file the Petition for Nonimmigrant Worker (I-129) and supporting documents directly to the Vermont Service Center, while the Petition for an Alien Worker (I-140) and supporting documents should be sent directly to the Nebraska Service Center.

The designation of new filing locations for employment-based forms is part of the “centralized filing and bi-specialized adjudication,” changes being implemented by the USCIS.

The four service centers of the USCIS will be placed under a pairing system where Vermont Service Center and California Service Center will be adjudicating the I-129 petitions and related dependent applications such as Form I-539 for the dependent spouse and children.

Employers will receive the receipt notices from the service center that will adjudicate the case. Thus, for I-129 filings, the receipt notices may come from either the Vermont Service Center or the California Service Center.

The Nebraska Service Center and Texas Service Center, on the other hand, will be processing the I-140 petitions and related adjustment of status applications.

Previously, the I-129 and I-140 forms are filed in any of the four service centers having jurisdiction over the place of intended employment.

Premium Processing

Employers who wish to avail of premium processing must file the I-907 premium processing request form with the I-129 form to the Vermont Service Center beginning April 1.

If the I-129 form has already been filed, the I-907 form must be filed with the service center where the I-129 is pending and include a copy of the I-129 filing receipt,

Filings for Dependents

Dependents of an I-129 beneficiary who are filing separately should file their I-539 form with the service center where the I-129 is pending.