Mark A Ivener, A Law Corporation

Filing Tips for H-1B Applications

For fiscal year 2009, the first H-1B filing date is Tuesday, April 1, 2008. Petitions are to be filed at U.S. Citizenship and Immigration Services (USCIS) Vermont and California Service Centers, depending on jurisdiction. Mark A. Ivener, A Law Corporation recommends the following tips for employers planning to file H-1B applications:

  1. Check filing fee amounts and submit fees in separate checks to avoid inadvertent errors.
  2. Answer all questions in the application and check answers for consistency. Original signatures are required. Blue ink makes it easy for USCIS to confirm an original.
  3. Send only one petition per envelope.
  4. USCIS uses the information in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (Form I-129, page 11) to determine whether a petition is subject to the 65,000 and 20,000 (U.S. master’s degree or higher) H-1B numerical limitation caps. Part C, #4 of the Supplement does not refer to all J exchange visitor nonimmigrants with a waiver of the two-year foreign residency rule. Do not check “yes” unless the worker is a doctor who has been granted a Conrad 30 waiver to work in a medically underserved area.
  5. Clearly label all H-1B cap cases in red ink in the top margin of the I-129 petition. Use the following codes:
  1. Reg. Cap (65,000 regular cap cases minus the Chile/Singapore (C/S) cap cases received)
  2. C/S Cap (Chile/Singapore H-1B1s)
  3. U.S. Masters (20,000 cap exemption for beneficiaries with U.S. Masters or higher degrees)
  4. Exempt (for petitions filed by certain institutions of higher education; nonprofit organizations; and nonprofit research organizations or governmental research organizations, as defined in USCIS regulations)

Contact Mark A. Ivener, A Law Corporation for details. For more filing tips from USCIS, see their website and/or their official press release.

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Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.