News - March 2008

USCIS Modifies Rules Regarding H-1B Petitions Subject to the Annual Cap

Today, the USICS promulgated an interim final rule, effective upon publication, that modifies the procedures for filing and processing H-1B petitions subject to the numerical limitations.

The Immigration and Nationality Act allocates 65,000 H-1B numbers annually, and a 2004 amendment to the law exempted from this limitation an additional 20,000 H-1B numbers for petitions filed on behalf of beneficiaries who have earned an advanced degree in the U.S. Last year, the USCIS received H-1B petitions totaling nearly twice the 65,000 cap. The USCIS also reports that the 20,000 cap has been exhausted earlier and earlier for each fiscal year since the cap exemption was added to the law.

The new rule:

Each employer should act quickly to ensure they can obtain H-1B numbers for foreign workers.

Employers may contact our office for a free consultation.


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