Prepare H-1B Petitions Now
By Reuben S. Seguritan
February 04, 2009
As in the last two fiscal years, the H-1B visa quota for fiscal year 2010 is expected to be used up in the first few days after the start of the filing period on April 1, 2009.
It is therefore imperative for employers to start preparing their petitions now.
The fiscal year starts on October 1, 2009. There are only 65,000 visas allocated each year. An additional 20,000 visas are reserved for those with master’s or higher degrees from a U.S. university.
Last fiscal year (2009), nearly 163,000 H-1B petitions, including those for the advanced degree category, were filed from April 1 to 7, 2008.
In fiscal year 2008, 133,000 petitions were received by the United States Citizenship and Immigration Services (USCIS) on April 2 and April 3, 2007.
Because of the huge number of petitions received, all the properly filed petitions were subjected to random selection.
They were labeled with unique numerical identifiers and went through a computer-generated lottery process to determine which cases would undergo adjudication.
Last fiscal year, the random selection for the U.S. advanced degree cap cases was first conducted until the 20,000 cap was reached. Those not chosen were transferred to the general pool of H-1B petitions for the selection of the general H-1B 65,000 visa numbers.
Petitions that were not selected were returned to the petitioners along with their filing fees. Duplicate filings were not included in the random selection as they violated USCIS policy.
The H-1B program is one way that U.S. employers are able to hire professional workers in specialty occupations such as teachers, engineers, accountants, computer programmers, architects and therapists. The job requires as a minimum a bachelor’s degree or equivalent.
Preliminary paperwork needs to be prepared now. The basic documentary requirements include credential evaluations. The petitioner must obtain the diploma, academic transcripts, resume, experience letter and other proofs of the beneficiary’s qualifications. If the diploma has not been issued yet, the USCIS will accept proof that the beneficiary has earned the degree and is just waiting for his/her graduation.
The documents submitted should come from a verifiable authorized official of this school. Questionable documents may lead to charges of document fraud with serious implications.
The petitioner is required to pay the beneficiary at least the prevailing wage for the position in the area of the intended employment. The petitioner also needs to attest that the current employees and the union, if any, are given notice of the petition and that there is no strike or lockout in the occupational classification at the place of employment.