DON'T DELAY – H-1B FILING SEASON OPENS SOON
From David Ware and Associates, attorneys at law

For several years U.S. employers have been suffering an extreme shortage of H-1B visas for temporary workers whose positions require at minimum a Bachelor's degree. Last year the 65,000 H-1B quota or "cap" available for employees with a bachelor's degree [or higher degree not earned in the U.S.] was exhausted immediately.  The additional 20,000 H-1B quota for employees with a U.S. master's degree or higher was also exhausted within a few days. The only good piece of news we have with regard to this year is that it appears that demand for H-1B numbers may be depressed because of the economic crisis, thus increasing the chance of selection for remaining applicants.

In order to maximize your chances of obtaining one of the coveted H-1B numbers, you must begin planning now and submit petitions as early as possible. It can take several weeks to gather the necessary information, documents, and other items necessary to prepare and file the petition.

Remember, higher education institutions and certain affiliated nonprofit entities (including many K-12 school systems and state agencies), as well as government and nonprofit research organizations, are exempt from the H-1B quotas.  J-1 physicians who have been granted a waiver of the two year residence requirement in exchange for working in an underserved area, in most cases are exempt as well. Also, persons who have already been counted against the H-1B quota during the past six years are exempt, including most persons extending H status and changing from one H-1B employer to another. Finally, certain persons working at institutions of higher education or teaching hospitals for private employers also are exempt from the quota.