april 8 2008 Newsletter
The H-1B cap has been reached

April 8, 2008
By Robert D. Aronson

DEAR CLIENTS AND FRIENDS:

Over these recent weeks, our entire firm has been focused on the preparation and filing of H-1B petitions for our clients. Given that there is a limited number of H-1B visa numbers allocated within our immigration system, it is extremely important to make timely filings for all cases that are subject to the H-1B quota limit.

Just to summarize briefly, there are 65,000 H-1B visa numbers available under the quota each year. In addition, foreign nationals who hold Advanced Degrees (defined as Master's Degrees or above) from U.S. universities have available an additional 20,000 H-1B visa numbers. The filing window for this year's application period closed yesterday - that is, Monday, April 7, 2008.

U.S. Citizenship and Immigration Services (USCIS) has just announced that it has received more than enough H-1B petitions to fill both the "normal" quota allotment of 65,000 and the "Advanced Degree" allotment of the additional 20,000 numbers. In short, the entire quantity of H-1B visa numbers under the cap was used up for the entire year on the very first day following the close of the application filing window.

What is known is the following: USCIS will first develop a lottery system to distribute the 20,000 H-1B numbers for the Advanced Professional classification. Once that has been done, the non-selected cases will then be placed in the "normal" lottery which will allocate the 65,000 H-1B numbers.

What is unknown is the following: 1) roughly how many H-1B petitions were received which, in turn, will provide some notion of the probabilities for being selected under this year's lottery; and 2) the date on which the lottery will occur and the results announced.

What is apparent, though, is that as was the case last year, approvable and deserving cases will fall subject to the whims of a lottery system rather than being adjudicated on their substantive merits. This situation certainly reinforces the need for immigration reform so as to align our employment-based immigration system with modern-day realities.

We will certainly keep our community of clients and friends informed of further developments affecting this year's H-1B situation.

Thank you and please feel free to contact us with further questions or concerns.

Cordially,

ROBERT D. ARONSON

This memorandum is one of a series of communications prepared as a general public service to our clients and friends. The information herein presented is not intended nor should it be utilized as legal advice on any specific situation. Furthermore, given the rapid pace of change, the veracity of this information is constantly subject to modification and/or reversal. Rather, this piece represents a good faith attempt to orient clients and other interested parties served by Aronson & Associates to current immigration developments. This piece in no manner supercedes the need to seek competent legal advice when engaged in activities carrying possible immigration-related consequences.