STEPHANIE MARKS’ IMMIGRATION UPDATE - Vol. 42 (01/2009)

► H-1B petitions for new hires must be filed on April 1, 2009

► USCIS Updates I-9 Form

► H-1B petitions for new hires must be filed on April 1, 2009
Employers who have new graduates or other new hires starting work during the remainder of 2009 who will need H-1B status should contact us now to start the H-1B process. H-1B petitions for new hires, including those persons who will have F-1 student Optional Practical Training (OPT) employment authorization, must be filed on April 1, 2009. This includes F-1s who have employment authorization that will run until spring and summer of 2009. It is expected that the cap will be reached on April 1, 2009 and once that cap has been reached, it will not be possible to obtain H-1B status until October 1, 2010.

H-1B status may be obtained irrespective of the cap for the following persons:

• Employees who already have H-1B status and change employers or change the terms of their H-1B employment are not subject to the cap.
• Extensions of H-1B status for employees who already have H-1B status are not subject to the cap.
• Citizens of Chile or Singapore since those countries have a separate H-1B quota.
• Petitions filed by certain educational, government or research institutions are not subject to the cap.

► USCIS Updates I-9 Form
A new Form I-9, which must be used by all employers to verify the employment authorization of all persons hired in the US, has been mandated by USCIS. The new form, which is available at online at http://www.uscis.gov/files/form/I-9_IFR_02-02-09.pdf, must be used on or after February 2, 2009.

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