Making the H1-B Visa Cut-off for Fiscal Year 2009

In order to timely receive H1-B visas, applications should be filed on April 1, 2008. Prudent employers will be well served in starting to consider their employment needs for the upcoming fiscal year. The FY 2007 numerical cap was reached on April 2, 2007. It is likely that the FY 2008 H1-B cap may also be reached within a day unless Congress acts to raise the cap. Because the USCIS generally works on petitions in the order they were received, it may be worthwhile to pay the extra $1,000 premium processing fee to have an H1-B visa application adjudicated in 15 days - assuming the USCIS again makes premium processing for H1-B applications an option.

Unless Congress raises the annual H1-B visa cap, employers will have to file their H1-B petitions as early as possible and make use of other visas available to bring temporary workers to the United States for FY 2009. Readers are encouraged to contact their senators and representatives to push for an increase in the H-1B cap.