martindale.com
Legal Library
|
FY2009 H-1B Cap Filing Changes - Here We Go Again!
by Cindy Kang
Kortney Klein
Fulbright & Jaworski L.L.P.
Dallas Office
Jacquelyn Maroney
Fulbright & Jaworski L.L.P.
Austin Office
Brenda J. Oliver
Fulbright & Jaworski L.L.P.
Washington Office
| |
|
February 9, 2009
On March 24, 2008, CIS published an interim final rule for Fiscal Year 2009 H-1B petitions. Under this new rule, CIS will accept H-1B petitions subject to the Fiscal Year 2009 cap from April 1, 2008 to April 7, 2008. CIS will start accepting H-1B petitions for fiscal year 2009 (October 1, 2008 - September 30, 2009) on April 1, 2008. CIS will not accept H-1B cap filings before such time, and based on previous years, the H-1B cap for the Standard H-1B cap and U.S. Master's Degree cap for the upcoming fiscal year will most likely be met on the first day of filing. Similar to last year, CIS will adopt a "random lottery" process to allocate the H-1B cap numbers. Unlike last year, the issuance of a Receipt Notice by CIS will indicate that CIS has "receipted in" the case AND that the petition has been "accepted" under the H-1B cap. However, in order to "ensure the fair and orderly adjudication of petitions subject to numerical limitations," CIS will include petitions filed on the first five business days in the random selection process if it receives a sufficient number of petitions to reach the applicable numerical limit during this period of time. We anticipate it will take several weeks before CIS issues Receipt Notices.
|
The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
Practice Area Resource Centers
|
|
RSS | Blog | Advertising Opportunities | Site Map | Contact Us