Newsletter - February 2009

Newsletter - February 2009
February 2, 2009
Articles
FY2010 H1-B UPDATE
Companies wishing to file H-1B petitions for workers who have not held H-1B status should plan ahead to ensure their petitions are ready for submission on April 1, 2009 – the first day that H-1B petitions will be accepted for fiscal year 2010.

Background on H-1B Quota or "Cap"

There number of H-1Bs that can be granted each year is limited to 85,000. This includes the 20,000 H-1Bs set aside for applicants who possess advanced degrees from US universities. (more)



NEXT QUARTER TOPICS
FAQ: LAYING OFF H1-B EMPLOYEES
Must the company revoke the H-1B approval of an employee who was laid off?

How long can the employee remain in the U.S. after a layoff or termination of employment?
(more)



LABOR CERTIFICATION IN A WEAKENED JOB MARKET
Even in a recession, it is plausible for an employer to need additional employees while other companies seek to reduce workforce. A company may also be hiring in one geographical region while reducing workforce in a different geographical area, or see growth in one division while another experiences a downturn. Therefore, even at a time when the general labor market is weak, there may be legitimate reasons to file applications for Labor Certification (LC). The weakened labor market, however, certainly brings up questions.

We have not laid-off anyone. Does the labor market condition affect our plans to file? (more)



E-VERIFY / I-9 UPDATE
On January 29, 2009, USCIS announced that it has delayed the implementation of the final rule requiring federal contractors and subcontractors to begin using USCIS’ E-Verify system until May 21, 2009.

on June 6, 2008, President Bush amended Executive Order 12989 directing all federal departments and agencies to require certain contractors to use an electronic employment eligibility verification system designated by the Department of Homeland Security (DHS). On June 9, the DHS designated E-Verify as the verification system that federal contractors must use. Information on E-Verify can be found in our July 2008 article, E-Verify: Have You Signed Up For It Yet? Should You? (more)