Planning for 2010 H-1B Submissions: What Employers Need to Know! Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17th Floor 317 Madison Ave., Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840 www.klaskolaw.com

April 1st is Fast Approaching Agenda H-1B Availability and “Cap Numbers” Preparing for this Year’s H-1B Rush Prevailing Wage Issues iCERT Issues The “Cap Gap” H-1B Exemptions/Alternative Visa Options Q & As

2010 H-1B Availability Same as availability in recent years: 58,200 + remaining for Chile and Singapore (6800 subtracted) Last year’s cap reached in December 2009 “Master’s Cap” – 20,000 petitions for persons with Master’s or higher degree from U.S. university Last year’s cap reached in April 2009

H-1B Availability- Past Years 65,000 H-1Bs FY 2010 gone by December 2009 FY2009 gone by April 2008 FY2008 gone by April 2007 20,000 for US awarded advanced degrees FY 2010 gone by April 2009

Preparing for This Year’s H-1B Rush Identify cases early – February/Early March Current Employees working pursuant to OPT External Hires Lottery for 2010? Increased Demand Anticipated? TARP Recipients Hiring H-1Bs?

Prevailing Wage Issues Timing on Prevailing Wage Determinations Making the PWD yourself? Private surveys in iCERT Acceptability? Which surveys?

iCERT Issues Online system for Labor Condition Application Includes “business verification” step Anticipated 7 days for approvals Current issues Erroneous FEINs Rejection of Private Surveys Timing of LCA filings in light of April 1 H-1B filing date?

iCERT Issues (cont’d) Due to delays, USCIS temporarily accepting H-1Bs without certified LCAs Filed between November 5, 2009 to March 9, 2010 Extension beyond March 9, 2010? Only allows for delays resulting in approvals; if LCA denied, H-1B denied

Transition Issues F-1 to H-1B: File Petition April 1, effective October 1 Travel before October 1: Last action rule Travel after H-1B

The “Cap Gap” What is the “cap gap”? File during H-1B acceptance period File while student’s D/S admission still in effect Timely filing will provide F-1 status and employment authorization extension Change of status versus petition approval Timing of an application to close the gap

The “Cap Gap” (cont’d) Travel during the cap gap period – no return until 9/20/10 Proof of continuing status DSO to issue cap gap I-20 Work authorization Valid EAD at time of filing? Completing Form I-9

H-1B Exemptions/Alternatives Exemption based on employer Exemption based on employee Alternative visa/work authorization options Straight to permanent residence?

Speaker Contact Information William A. Stock, Esq. Tele: 215.825.8607 Fax: 215.825.8699 E-mail: wstock@klaskolaw.com Kate Kalmykov, Esq. Tele: 212.796.8856 Fax: 212.297.1799 E-mail: kkalmykov@klaskolaw.com David J. Ceccanecchio, Esq. Tele: 215.825.8606 Fax: 215.825.8699 E-mail: dceccanecchio@klaskolaw.com