STEPHANIE MARKS’ IMMIGRATION UPDATE - Vol. 43 (03/2009)

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

► Stimulus bill includes H-1B restrictions on certain employers

► 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.

► Stimulus bill includes H-1B restrictions on certain employers
The American Recovery and Reinvestment Act of 2009 (the "Stimulus Bill") which became effective on February 17, 2009 included a little noticed provision that imposes restrictions on certain employers which receive funding under Title I of the Emergency Economic Stabilization Act of 2008 ("TARP") or that receive funding under Section 13 of the Federal Reserve Act (authorizing the Federal Reserve's "Discount Window" for short-term, secured loans to financial institutions and other companies). Any employers which have received funding under either of these two programs should contact us to discuss the specific impacts.

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