Labor Immigration Law

We have written before about the H-1B quote of 65,000 which opens on April 1, 2008 for starting employment date of October 1, 2008. We anticipate that the entire quota will be used on the first day of the filing. In light of such a small filing window, it becomes critical that the H-1B petition be completed and filed correctly.

Here are few helpful H-1B filing tips.

1. Clearly label all H-1B cases in red ink on top margin of Form I-129 petition. Use the following codes:
   • Reg. Cap (65,000 regular cap cases)
   • C/S Cap (Chile or Singapore H-1B1s)
   • U.S. Masters (20,000 cap exemption for Master’s degree or higher holders)
   • Exempt (for petitioners filed by certain institutions of higher education; nonprofits; and research organizations. Also, note new filing address for this category.)
2. Fill out Form I-129 and supplements correctly, consistently, and competently. This is an obvious one but it is worth mentioning again.
3. Employer must submt the correct filing fee:
   • Base filing fee: $320
   • American Competitiveness and Workforce Act of 1998: $750 for employers with 1 to 25 full time employees unless exemption applies or $1,500 for employers with 26 or more full time employees unless exemption applies
   • Fraud fee: $500
   • Premium Processing Fee: $1,000
4. Send only one petition per envelope.

Note that incorrectly completed or filed petitions may result in rejection or denial of the petition.