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H-1B Quota is Still Open But Use Caution When Filing H-1B Petitions

November 5, 2010

The H-1B quota is still open and does not appear to reach the cap in at least the next two months.  However, employers should use great caution in filing an H-1B petition.  It is highly recommended to file an H-1B only when there appears to be an absolute need for the services of a foreign national.  In the absence of such a need, the U.S. Citizenship and Immigration Services (USCIS) is likely to regard the H-1B filing as “speculative” and could deny the petition.  Employers should be prepared to demonstrate with evidence the need for the services of a potential foreign national employee to its organization.  In this regard, please refer to an earlier blog post


H-1B Dependent Employers: If you are an H-1B dependent employer within the definition of the U.S. Dept. of Labor’s regulations, you must make good faith efforts to find an able, willing, and qualified U.S. worker to fill the position before offering the position to a foreign national.  However, dependent employers desiring to hire foreign nationals with at least – 1) Master’s degree, or 2) offered salary of at least $60,000 – may simply file the H-1B petition as soon as the need arises.    It is important to confer with an attorney to understand the legal requirements and to ensure full compliance.

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