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Filing an H-1B in 2008: Quota and Recommendations If you’re planning to file an H-1B petition in 2008, there are a few things you need to know. The H-1B Quota There is an annual quota of 65,000 for H-1B applicants without advanced degrees earned in the United States. (This quota applies only for aliens with private employers; aliens who work for universities, colleges, or non-profit research institutions are exempt.) Last year, this quota was filled on April 2, the very first day that USCIS began accepting H-1B petitions. USCIS received approximately 150,000 petitions that day. USCIS stopped accepting H-1B petitions the very next day and used a lottery system to choose the 65,000 visas it would approve. The Advanced-Degree Quota In addition to the normal H-1B quota of 65,000, USCIS approves an extra 20,000 petitions each year submitted by aliens who have earned an advanced degree (master’s degree or higher) in the United States. Although the normal H-1B quota ran out on April 2 last year, the advanced-degree quota remained open until the end of the month. On the day that the quota did run out, USCIS used a lottery to determine which petitions it would accept (the vast majority of advanced-degree H-1B petitions had already been submitted before this happened). Predictions and Recommendations for 2008 We predict that 2008 will be similar to 2007, with the normal quota being exceeded immediately and a lottery used to determine which petitions will be approved. Therefore, if you are filing an H-1B petition in 2008, and you do not hold an advanced degree from a U.S. academic institution, we strongly recommend that you submit your petition on April 1, 2008—the very first day USCIS will accept it. Otherwise, it will almost certainly be impossible for your H-1B petition to be approved. If you are eligible for the advanced-degree quota, we recommend that you also submit your H-1B petition right away—preferably on the first or second day of April, and certainly within the first week. Although the advanced-degree quota remained open for the entire month of April in 2007, it may fill up even faster this year. If you can submit your petition early, you have a much stronger chance of being approved without having to worry about being subject to a lottery. Let Zhang & Associates Help You Through the H-1B Process We at Zhang & Associates can help you submit your H-1B petition on time, giving you the best possible chance for approval. In April 2007, our firm filed all of its H-1B applications without any delay. In fact, to ensure that all of our clients’ applications arrived on time, our staff worked all day on the Saturday before April 2, and some of our employees dropped H-1B packages off to our delivery service by hand. If you’re interested in working with us to file your H-1B in April, you can email us at freeevaluation@hooyou.com. An experienced immigration attorney will usually respond to your message within 24 hours. --------------- At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM and I-485 cases. In the past twelve years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation. Houston: 7324 Southwest Freeway, Suite 1088, Houston, TX 77074 In the moment of dynamics, our clients can always count on us. (01/11/2008) For more immigration news, please click here |
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