1. 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 New York, NY

2. 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

3. 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

4. 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

5. 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?

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

7. 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?

8. 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

9. 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

10. 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

11. 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

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

14. Speaker Contact Information
William A. Stock, Esq.
Tele:
Fax:
Kate Kalmykov, Esq.
Tele:
Fax:
David J. Ceccanecchio, Esq.
Tele:
Fax: