USCIS Announces Interim Rule on H-1B Visas

The USCIS announced a new interim rule today that would:

  • Change from 2 days to 5 days the period of time during which cap-subject H-1Bs can be received to be included in any “lottery” that would occur if, as expected, the number of petitions exceeds the quota.
  • Prohibit multiple filings from the same employer for the same employee, even if the filings are for different jobs. The one exception would be that related employers could file separate petitions for the same employee.
  • Result in the denial or revocation (without refund of fees) of any petition found to have been a multiple filing.
  • Change the lottery system so that the 20,000 U.S. advanced degree cap cases are selected first. If any advanced degree cases are left after that process, they would go into the overall 65,000 pool.
  • State that no refunds will be made on cases where someone incorrectly claims a cap exemption.

The USCIS also indicated that it will continue to accept letters from authorized officials of schools indicating that a student has completed the requirements for a degree (i.e., all papers, exams, etc.) and is merely awaiting official conferral of the degree.

For more information, click the links below:

Fact Sheet on Changes to the FY2009 H-1B Program

USCIS Q&A on H-1B Program

USCIS Interim Rule on H-1B Filings

AILA InfoNet Doc. No. 08031933 (posted Mar. 19, 2008)

Published by Ann Massey Badmus

Ann Badmus helps foreign national medical providers and their employers successfully cut through immigration red tape for fast and timely employment. Through her unique Immigration Prescription Program, she skillfully solves even the most complex immigration problems. Her comprehensive and clear advice has helped thousands of providers, employers, and recruiters avoid immigration delays, saving time and expense and providing a stress-free experience for all. Ann is frequently invited to speak about immigration issues before various organizations, including medical associations such as the American Academy of Neurology. She has also published numerous immigration articles and has authored a well-received book, The Immigration Prescription: The Practical Guide to Immigration for Foreign Born Physicians.

Leave a Comment

Your email address will not be published. Required fields are marked *

Add Comment *

Name *

Email *


4 × 3 =

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Call Now ButtonCall