03/01/2005 IMMIGRATION ALERT

H-1 STRATEGIES: PLANNING AHEAD

As readers of Hammond Law Group’s Immigration Alerts are certainly aware, the H-1 cap allows 65,000 new H-1(b) visas per fiscal year. In fiscal year 2005 (October 1, 2004 – September 30, 2005) the H-1(b) cap was reached on the first day of the U.S. fiscal year. It is Hammond Law Group’s recommendation that employers who seek H-1(b) workers for FY2006 ought to expect to prepare to file these cases in April 2005.

Companies may petition for H-1(b) workers as soon as six months prior to the employee’s anticipated start date. Therefore if an employer wishes to have an employee start on October 1, 2005, the earliest date that the employer may file the petition with the CIS is April 1, 2005.

At this time we have no way to gauge just how quickly the FY2006 H-1(b) cap will be exhausted but we have anecdotal evidence that there will be a large number of new H-1(b) petitions filed in April 2005. For instance, there is likely much pent up demand for new H-1(b) workers caused by the FY2005 H-1(b) cap being reached so quickly.

It is also worth noting that there has been a second H-1(b) quota of 20,000 workers specifically set aside for foreign nationals who receive Master’s degrees from U.S. institutions. This will provide a small but significant relief from the H-1(b) cap numbers.

Finally, you should note that as of March 8, 2005 new filing fees will go into effect:
 

H-1(b)	CIS Filing Fees
Any H-1(b) – except as noted below – Petitioner employs 26 or more workers.	$2,185
Any H-1(b) – except as noted below – Petitioner employs no more than 25 workers.	$1,435
An employer’s second extension or amendment for a Beneficiary, and all subsequent extensions or amendments.	$185