NewsFlash! USCIS Interim Final H1B Rule : March 19, 2008
Posted Mar 20, 2008
The USCIS issued an interim final rule on March 19, 2008 that modifies the selection process for H1B cap-subject petitions and restricts multiple H1B filings. This interim rule will apply to H1B petitions for fiscal year (FY) 2009. The key provisions are summarized below.
Multiple H1B Filings for an Employee by One Employer Prohibited
This interim rule prohibits any employer from filing multiple H1B petitions for a single employee. An individual may be the beneficiary of multiple petitions filed by different companies, however.
H1B Random Lottery Expected Again for FY2009
The rule expands the filing window to five business days, if the USCIS receives a sufficient number of cases to reach the cap (regular and/or advanced degree) on any one of first five business days for filing. In that event, there will be a lottery of the cases filed during the five days.
Effect of H1B Petition Filings for Advanced-Degree Holders
The first 20,000 H1B petitions received for foreign nationals who have a U.S. master's or higher degree are exempt from the regular 65,000 H1B cap. If both the 20,000 and 65,000 caps are reached in the first five business days of filing, there will first be a lottery of the cases requesting the advance degree cap. Thereafter, there will be a lottery of all remaining cases, including those not selected in the advance degree lottery.
Conclusion
These changes alter some of the procedures and, in particular, the multiple case filing tactic used by some employers. It also opens the window of filing to five business days, but many attorneys and employers will likely keep to their original plan of filing on April 1, 2008.
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