The MVP Law Group Is Currently Assisting Clients in Preparing for the H-1B Filing Deadline.

It is anticipated that this year, as was the case last year, the USCIS will receive more petitions for new H-1Bs than there are numbers available. We will explain how this happens and how we can help employers that file H-1B petitions increase the chances of obtaining and H-1B visa for new employees. We are already accepting documents from both new and existing clients who are preparing for the H-1B filing deadline.

How does the H-1B quota work?

Each governmental fiscal year, the United States Citizenship and Immigration Service (USCIS) makes a predetermined number of H-1B visas available to those individuals who qualify. The government’s fiscal year begins on October 1st but employers can begin applying for H-1B visas six months ahead of time. Therefore, the first available day for employers to file H-1B visas this year is April 1st, 2008. The H-1B is a specialty occupation visa. A specialty occupation is defined as an occupation that requires at least a bachelor’s degree in the field of occupation for entry into the position. The H-1B visa is the most popular work visa category for foreign professionals working in the United States. For the past few years, the number of new H-1B visa applicants has greatly out numbered the number of visas allotted to this category. The “H-1B Cap” is presently set at approximately 58,000 visas with and additional 20,000 visas available to those individuals who have already earned a masters degree from an accredited US institution of higher learning. Based upon past history, it is anticipated that the USCIS will receive more than enough petitions to meet the regular H-1B cap of 58,000 on April 1st, 2008, the first day that H-1B filing is allowed. The additional 20,000 masters’ cap will most likely be exhausted shortly thereafter. Please note that those individuals already working in the United States onH-1B visa do not count against the H-1B cap.


On the day that the H-1B visa numbers are exhausted, any H-1B petitions that are received will be subject to a random lottery selection to determine which filings are eligible for H-1B visas. Any petitions not selected by the lottery ore received after the lottery has been held will be returned by the USCIS and their filing fees will be refunded by the USCIS. To guarantee that an H-1B cap subject petition will take place in this year’s H-1B lottery, it must be received by the USCIS on April 1st, 2008.

The MVP Law Group can help you increase your chances of obtaining an H-1B visa this year

The MVP Law Group prides itself on its superior client service, technical expertise, high-quality work, years of experience with a concentration in business immigration law, strict personal/professional ethics, and creative problem-solving ability. The MVP Law Group is well versed in the H-1B process. Over the years we have filed thousands of H-1B petitions. We have extensive experience in guiding employers of all sizes and individuals through the H-1B petition process.  We provide high-quality legal services by placing a premium on flexibility, state-of-the-art technology, personal integrity and a philosophy in which the client's needs are paramount. By utilizing these qualities, we have been extremely successful in filing H-1B petitions under cap deadlines and are ready to assist you with filing H-1B petitions under this year’s cap. Our law firm has already begun preparing cases for the cap deadline and we encourage you to do the same.

If you are an employer considering hiring new H-1B workers or if you are a foreign national considering working in the U.S. on H-1B visa, you should make a decision soon as to whether your would like to file an H-1B visa petition this year.

If you are considering filing H-1B visas, contact our office by calling (240) 390-0600 and set up a free consultation.

We look forward to hearing from you and assisting you with your H-1B petition.

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