Immigration: Urgent March 31 Filing Date
for H-1B Foreign Professionals

Any employer that is recruiting foreign professionals needs to prepare immediately the H-1B "professional" petition for filing with the U.S. Citizenship and Immigration Services. The submission needs to go out by overnight courier to the agency for delivery on April 1.

The reason the filing date is so important is because the annual quota for H-1B work authorizations, for foreign professionals beginning work on October 1, 2008, opens on April 1.

With the H-1B quota at 65,000 per fiscal year for professionals with bachelor's degrees, the competition for those slots is fierce. The availability of 20,000 more slots for foreign professionals with advanced degrees from U.S. institutions, only slightly reduces the pressure.

Consequently, all steps toward filing must be taken as early as possible in March to have a chance at the H-1B professional work authorization classification for promising foreign recruits who have either bachelor's or advanced degrees.

Sherman & Howard has prepared this advisory to provide general information on recent legal development that may be of interest. This advisory does not provide legal advice for any specific situation. This does not create an attorney-client relationship between any reader and the Firm. If you want legal advice on a specific situation, you must speak with one of our lawyers and reach an express agreement for legal representation.

© 2008 Sherman & Howard L.L.C.                                                          March 3, 2008