Share |
Article Categories Advertising, Marketing & Trademark Antitrust and Trade Regulation Bank & Finance China Construction Corporate & Securities Electronic Discovery Resources Employment & Labor Energy Family Law Government Relations Health Law Immigration Intellectual Property Internal Investigations International Internet, Technology &
E–Commerce Life Sciences Litigation Non-Competes & Trade Secrets Real Estate Shareholder Disputes Tax Planning & Business Organization Trusts & Estates White Collar & Regulatory Defense
 

Immigration

612.492.7648
Printable Version

H-1B Filings for October 1, 2008 Already? Fiscal Year 2009? Time to Think a Whole Year Ahead!

October 2007

As October 1st marks the beginning of Fiscal Year 2008, employers should start planning their H-1B petitions for Fiscal Year 2009, which starts on October 1, 2008. April 1, 2008 is the first (and possibly only!) date that employers may request H-1B numbers under Fiscal Year 2009. We recommend that you file your H-1B petition on April 1, 2008 to capture an H-1B number for Fiscal Year 2009. Last year, as many of you remember, the H-1B cap was reached on the first day of filing!

Please consider the following strategies to prepare for the H-1B filing rush on April 1, 2008:

  1. Start the recruiting and hiring process now in order to be ready to file new H-1B petitions on April 1, 2008, even though the employment start date will not be until October 1, 2008.
  2. File H-1B petitions on April 1, 2008, for any employees whose F-1 or J-1 practical training will expire before or after October 1, 2008.

The H-1B cap applies to new petitions filed for foreign workers that have not been counted against the H-1B cap within the past six years. The following H-1B petitions are not subject to this cap:

  • Any petitions, including amended petitions, extensions, or change of employer, filed for current H-1B workers (unless they are changing employment from a cap-exempt employer to a non-exempt employer).
  • New petitions filed for employment at institutions of higher education or related or affiliated nonprofit entities, or nonprofit research organizations or government research organizations. For example, a non-profit hospital that has a residency program in affiliation with a medical school can be considered an affiliated nonprofit entity of an institution of higher education.

For more information please contact your Fredrikson & Byron Immigration Team at 612.492.7648, or please visit: http://www.fredlaw.com/areas/immigration/.