On April 1, 2007, U.S. Citizenship and Immigration Services will begin accepting new H-1B petitions
for professionals to begin H-1B employment on October 1, 2007.
We urge you to act now and take stock of your hiring needs, and caution you that last year, all 65,000
H-1B numbers were used up by May 26, a mere 56 days after the filing gate opened. We expect the
numbers to be snapped up even earlier this year.
You should start reviewing your employment needs to determine whether any foreign nationals will be
requiring H-1B status. This includes those now employed by you in F-1 practical training status, TN
status, J-1 status, as well as those you plan to bring on board after October 1.
Please note that even if you plan to hire a foreign national who will soon graduate from a U.S.
university, and has an employment authorization card, you must still act now to file an H-1B petition
for him. Hereís why:
Suppose you plan to hire someone who will graduate in June 2007, and that that person has an
employment authorization card valid through the end of June 2008. While itís true that this recent
graduate can be employed by you for a year, after June 2008 your employee will no longer be workauthorized.
If you file an H-1B petition for this recent graduate on April 1, and ask the USCIS to change his status
to H-1B effective October 1, 2007, this person will be in valid H-1B status for three years, starting on
What About Foreign Nationals with Advanced Degrees?
There are an additional 20,000 H-1B numbers, on top of the annual allotment of 65,000, for those
foreign nationals who have earned a Masterís or higher degree from a U.S. institution of higher
education. But even for these people, we urge you to file early. Last year, those additional H-1B
numbers were all gone by the end of July.
H-1B Numbers To Open Up On April 1 For October 1, 2007 Start Date
As in past years, the H-1B cap does not apply to foreign nationals who already hold H-1B status and
are seeking to change their H-1B employer and/or extend their H-1B stay in the United States.
We encourage you to contact us now regarding your H-1B hiring needs.
This memorandum provides general information on legal issues and developments of interest to our clients and friends.
It is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect
to the matters we discuss here. Should you have any questions or wish to discuss any of the issues raised in this
memorandum, please call your Kramer Levin contact.
Kramer Levin Naftalis & Frankel LLP
1177 Avenue of the Americas
New York, NY 10036
47, avenue Hoche
Phone: (33-1) 44 09 46 00
Fax: (33-1) 44 09 46 01
Alliance: Berwin Leighton Paisner LLP
London * Brussels
We encourage you to contact us to discuss any cases you may have:
Ted Ruthizer (212) 715-9421 email@example.com
Mark D. Koestler (212) 715-9385 firstname.lastname@example.org
Naomi Schorr (212) 715-9339 email@example.com
Matthew S. Dunn (212) 715-9408 firstname.lastname@example.org
Jennifer R. Danzo (212) 715-9270 email@example.com
Allison D. Gray (212) 715-9439 firstname.lastname@example.org
Posted on Feb 9, 2007, 8:47 AM from IP address 220.127.116.11