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USCIS Offers Helpful Hints for Filing a FY 2009 H1B Cap Case
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U.S. Citizenship and Immigration Services (USCIS), anticipates that April 1, 2008 will see a repeat of the mass filings from last year. With this expectation USCIS has published this list of measures the petitioner can take to ensure that their petition is correctly filed.

For Fiscal Year 2009, the first filing date is Tuesday, April 1, 2008. Cap-subject petitions filed prior to that date will be rejected. Petitions should be filed at Vermont and California Service Centers, depending on petitionerís location. To download the forms and the instructions click here.

Here are some general tips on making sure that your petition is completed and filed properly.
  1. Clearly label all H-1B cap cases in red ink on top margin of Form I-129 petition. Use the following


    • Reg. Cap (65,000 regular cap cases minus the C/S cap cases received)

    • C/S Cap (Chile/Singapore H-1B1s)

    • U.S. Masters (20,000 cap exemption for beneficiaries with U.S. Masters or higher degrees)

    • Exempt (for petitions filed by certain institutions of higher education; nonprofit organizations; and nonprofit research organizations or governmental research organizations, as defined in USCIS regulations)

  2. Fill out Form I-129 and supplements correctly, consistently and completely.

    • Form I-129 petition

    • H classification supplement

    • H-1B Data Collection and Filing Fee Exemption Supplement

    • Original signatures are required. Tip: blue ink makes it easy to confirm an original.

  3. Employer must submit the correct fees as seen on form instructions (Tip: separate checks for each are best).

  4. Base filing fee


    American Competitiveness and Workforce Improvement Act of 1998

    (ACWIA fee)

    • $750 For employers with 1 to 25 full time equivalent employees unless exempt
    • $1,500 For employers with 26 or more full time equivalent employees unless exempt
    • (see H-1B Data Collection and Filing Fee Exemption Supplement, Part B)

    Fraud fee

    $500 To be submitted with the initial H-1B petition filed on behalf of each beneficiary by a petitioner. (Not for Chile/Singapore H-1B1 cases)

    Premium Processing fee
    • $1,225 For employers seeking Premium Processing Service

  5. Please send only one petition per envelope. (These may then be mailed together in one mailing package.)

    • Regular Cap

    • U.S. Masterís Cap

    • Regular Cap Premium Processing

    • U.S. Masterís Cap Premium Processing

    • H-1B1 Chile/Singapore
Please note that incorrectly completed or filed petitions may result in rejection or denial of the petition. VisaPro highly encourages petitioners to consult an attorney before filing an H-1B case. At a time when the H-1B quota does not allow for re-filing of a petition after its return due to mistakes, ensuring a proper initial filing is crucial.

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