Changes to FY 2009 H-1B Program.

On March 19, 2008, the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS) announced that an interim final rule making changes to the FY 2009 H-1B Program had been transmitted to the Federal Register. The changes made to the FY 2009 H-1B Program are as follows:

• H-1B cap cases can now be received within 5 business days instead of 2 business days in order to be included in the “lottery” that is expected to occur this year due to the high number of petitions.
• Multiple filings for the same employee by the same employer will not be permitted, even if the employer files for the employee under different jobs. The only exception to this would be if related employers file H-1B petitions for the same employee.
• If there is a case of multiple filings, this will result in a denial or revocation of the petition, without any refund of fees.
• The lottery system is going to be changed in order that the 20,000 U.S. advanced degree cap cases are selected first, with the remainder that are not selected are then put into the general quota and will be eligible for the general quota lottery. If an employer incorrectly states that a petition is cap exemption, there will be no refunds issued.

The USCIS has also specified that, if a student has completed all the requirements for a degree and has only to receive the actual degree, USCIS will continue to accept letters from authorized officials of such schools indicating that the student has completed all the requirements for the degree and is waiting for the degree to be conferred.