STEPHANIE MARKS’ IMMIGRATION UPDATE - Vol. 36 (04/2008)

► H-1B cap reached during initial filing period.

► USCIS issues new regulations allowing 17 months of Optional Practical training (OPT) for certain U.S. graduates in science, technology, engineering and math.

► USCIS issues new regulations extending OPT to close the Cap Gap for beneficiaries of pending H-1B petitions that are selected for processing in the H-1B lottery.

► H-1B cap reached during initial filing period. USCIS announced preliminary numbers on April 10th for cap filings. Nearly 163,000 H-1B petitions were received. More than 31,200 of those petitions were for the advanced degree category. USCIS expects to conduct the computer-generated random selection process, beginning with the selection of the 20,000 petitions under the advanced degree exemption, during the week of April 14th. Those petitions not selected under the advanced degree category will join the random selection process for the cap-subject 65,000 limit.

► USCIS issues new regulations allowing 17 months of OPT for certain U.S. graduates in science, technology, engineering and math. Graduates of U.S. institutions in science, technology, engineering and math (STEM) fields may obtain 17 months of OPT as long as they are employed by businesses enrolled in the federal government E-Verify program. E-Verify is an electronic employment eligibility verification program administered by USCIS. Additional information about E-Verify may be obtained at uscis.gov.

► USCIS issues new regulations extending OPT to close the Cap Gap for beneficiaries of pending H-1B petitions that are selected for processing in the H-1B lottery. This regulation will allow F-1 visa holders whose OPT will expire before the start date of a petition filed under the H-1B cap to remain in the United States and work through the beginning of their H-1B employment on October 1, 2008. The new rule also extends the time period under which students may apply for OPT to within 60 days after graduation, rather than the current requirement that applications be filed before graduation.

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