February 14, 2008

Submitting a FY 2009 H-1B Cap Case

When can I file an H1-B Cap petition?
H-1B petitions can be filed 6 months in advance of the requested start date. Therefore, petitions seeking an October 1, s008 start date can be filed no sooner than April 1, 2008. This is when the majority of H-1B cap subject petitions are filed. Conversely, petitions that are cap exempt may be filed at any time during the year, dependent on the petitioner's need.

What is Premium Processing Service?
For certain employment-based immigration benefits, petitioners may choose to file a Form I-907 with the accompnaying filing fee of $1000 to have their perition adjudicated within 15 calendar days (this fee is in addition to the required base filing and other applicable fees). H-1B petitions are eligible for the Premium Processing program.

How do ensure that my H-1B Cap petition is considered properly filed and accepted?
Be sure to complete all sections of the Form I-129 petition, the H Classification Supplement to Form I-129, and the H-1B Data Collection and Filing Fee Exemption Supplement. Original signatures are required on each form. Send the correct fee amount.

Checks should be payable to the Department of Homeland Security or U.S. Citizenship and Immigration Services dated within the last 6 months, and include the proper guarantee amount, and signature.

Here are the current filing fees that petitioning employers must pay:
  • Base filing fee = $320
  • American Competitiveness and Workforce Improvement Act of 1998
    • Employers with 1 - 25 full time employees = $750
    • Employers with 26 + full time employees = $1500
  • Fraud fee = $50
  • Premium Processing fee = $1000

For a complete review of the requirements, click here

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