April 1, 2009 is the first day that employers will be permitted to file H-1B petitions on behalf of foreign nationals.  Given that Labor Condition Applications may take some time to be certified and the likely competition for one of the available 65,000 cap-subject H-1B slots, now is a good time to start planning the process of hiriing prospective candidates. 

It would also be wise for employers and foreign-nationals to consider alternatives to the H-1B visa that may be available should a particular petition be rejected.  All petitions received by a set deadline are usually placed in a lottery from which the 65,000 “winning petitions” are randomly selected for adjudication.  Our firm and probably many others, will begin accepting cap-subject H-1B cases in early February to allow us the necessary time to process the petitions.    

Author: Bradley Maged

I'm Brad Maged, an immigration lawyer in Boston, Massachusetts. I help people who want to live and work in the United States and companies that wish to employ them. This blog provides opinion and information on developments in immigration law. Thanks for reading!

Leave a Reply