Immigration Law Advisory Bulletin
Plan Now for FY2006 H-1B Visa Caps
By Christopher
R. Helm, James
M. Mei, and Richard
M. Rawson
[March 2005]
The H-1B cap for FY2005 was reached on the first
day of its availability on Oct. 1, 2004, and there is every reason
to expect that the FY2006 cap will also be reached on its first
day, Oct. 1, 2005. However, employers can begin filing H-1B "cap
cases" for FY2006 (with a start date of Oct. 1, 2005) on April
1, 2005. If you are interested in hiring H-1B employees within the
next year, we suggest that the planning process for those petitions
begin today.
As a reminder, the H-1B cap mainly applies to first-time H-1B petitions.
It does not apply to current H-1B employees applying for an extension,
amendment, or transfer of their H-1B status or to H-1B employees
working for universities and nonprofit research centers.
As of March 8, 2005, there will be 20,000 additional H-1B visas
available to those with a master's degree or higher from a U.S.
university. These are expected to be used up very quickly.
Also, the filing fees for H-1B petitions have changed. In addition
to the $185 filing fee for the I-129 form, there is also a training
fee of $1,500 ($750 for employers with 25 or fewer full-time equivalent
employees). Certain non-profit sector employers are exempt from
this fee. Lastly, beginning March 8, there will also be a $500 fraud
prevention fee, which will apply to all petitions, in addition to
those fees listed above.
The rules and regulations governing the H-1B visa can be very complex.
If you wish to discuss your strategy with a legal professional,
feel free to contact the Immigration Department at Davis Wright
Tremaine LLP for help in planning your H-1B strategy for 2005, 2006,
and beyond.
Please feel free to contact the immigration professionals
at Davis Wright Tremaine for further information on this issue.
This
Immigration Law Advisory is a publication of the Employer Services
Department of Davis Wright Tremaine LLP. Our purpose in publishing
this Advisory is to inform our clients and friends of recent developments
in immigration law. It is not intended, nor should it be used, as
a substitute for specific legal advice as legal counsel may be given
only in response to inquiries regarding particular situations.
Copyright
© 2005, Davis Wright Tremaine LLP.
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