H-1B Visa Applicants Catch a 5-Day Break

The United States Citizenship and Immigration Services (USCIS) announced yesterday that all H-1B temporary worker petitions filed between April 1, 2008 and April 7, 2008 “will be subject to a random selection process.” Of course, petitions that are not selected and approved through this process will be returned, along with the accompanying filing fees.

USCIS only began accepting H-1B petitions on April 1, 2008 for new employment in fiscal year 2009, which begins on October 1, 2008. The announcement of the random selection process means that employers who were not able to submit their H-1B petition by April 1st still have a chance to secure employment authorization, provided the petitions are submitted by April 7.

It’s important to remember that not all H-1B petitions are subject the visa cap. For example, petitions renewing H-1B status, or “porting” a worker currently on an H-1B from one employer to another are, in most instances, not subject to the cap. However, the H-1B visa cap does have a tremendous impact on your ability as an employer to hire foreign students or persons presently in foreign countries for employment in the united States. As such, it should be considered in any recruitment conducted by your organization.