The number of new H-1Bs issued each year in the United States is subject to an annual congressionally-mandated quota. Each H-1B quota applies to a particular Fiscal Year, which begins on October 1. Applications for the upcoming Fiscal Year are accepted beginning on the preceding April 1 (or the first working day after that date).

All employers who are thinking about filing for an H-1B visa, for fiscal year 2009, must do so as early as April 1, 2008; otherwise, they are taking the chance that the quota will run out for 2009. In 2007, The U.S. Citizenship and Immigration Services (”USCIS”) received approximately 120,000 petitions, and the quota of 65,000 petitions (which were randomly selected) was filled on the first date filing was permitted, April 1.

In addition to the 65,000 quota, there is a separate allocation of 20,000 additional H-1B visas for those with a Masters degree or higher, earned at a U.S. university. For the fiscal year 2007, this allocation was filled approximately four weeks after the first permissible date of filing.

The H-1B is the most frequently obtained temporary work visa under the non-immigrant visa category in the United States under the Immigration & Nationality Act, section 101(a)(15)(H), and is available for full-time employment.

The H-1B classification is for “specialty occupations” only, which requires theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum.

If the occupation requires a license to perform the duties of the job, the alien must have that license prior to the approval of the H-1B petition. H-1B work-authorization is strictly limited to employment by the sponsoring employer.

Only “new employment” is covered under the 65,000 H-1B quota. Someone who has received an H-1B within the last six years and applies for another H-1B with a different employer is not subject to the quota. H-1B extensions as well as H-1B petitions by institutions of higher education or related or affiliated nonprofit entities, or nonprofit research organizations, or governmental research organizations are also not counted against the quota.

Below is a list of common errors that cause an H-1B petition to be rejected:

1. Incorrect fees: It is suggested to submit fees in separate checks. This lessens the likelihood of unintentional math errors when calculating the total fees due.

2. Inconsistent and incorrect answers on form I-129 and supplements. Double check the petition for consistency.

3. If your worker is or has been a J-1 worker, note that Part C, #4 of I-129 H-1B Data collection Supplement does not refer to all Js with a waiver of 2 year foreign residency rule (212e). Do not check “yes” unless your worker is a doctor who has been granted a Conrade 30 waiver to work in a medically underserved area.

So, if you’re an employer looking to sponsor an employee for an H-1B visa, do not delay! Contact experienced legal counsel immediately, since it takes several weeks to translate transcripts and have an equivalency evaluation for college and work experience and to prepare all necessary forms.

File the petition by April 1, 2008, and file it correctly. Incorrect applications will not be accepted, and this may prevent or slow down the process of obtaining the H-1B process considerably.

Eli Kantor is an attorney in private practice in Beverly Hills, CA representing employers in all aspects of labor, employment and immigration law. For more information contact Eli at (310) 274-8216 or visit his websites: Sexual Harassment Prevention and Beverly Hills Immigration Law

Construction and physical labor industry in Philadelphia is quite common vocation for many citizens. With it comes the possible risk of injury and the need for compensation that follows. If the employer cannot foot the lost wages, then a claim for workers compensation can be filed through the state of PA . There is a good deal of claims for workers compensation, and the steps and time frame can be hard and lengthy. The following information will go over some routes in finding more resources regarding Philadelphia workers compensation as well as those in the rest of the state of Pennsylvania.

The Filing Process

So according to the PA Workers’ Compensation Act, almost all employers have to provide workers compensation coverage for their employees, which included even part-time or seasonal work staff. However, there are some who can actually either elect out of workers compensation and there are some workers who may be exempt such as: agricultural workers, volunteers, and casual workers. If you are one of these, and are injured, check to see if your company had submitted any compensation coverage or you can read further to source further help.

In the Pennsylvania government they have the forms with the prefix LIBC. After your employer was notified of the accident a LIBC-500 form is to be claimed. Note that you will want to tell your employer within 21 days of the injury to get the claim rolling. From there it’s up to your employer to report to their insurance who will also report to the appropriate PA bureau in short order. After the form is dropped off with the state bureau, depending on circumstance, you’ll receive notice prompts on what to do. Some of the language can get pretty heavy, and the compensation, if approved, is usually around the 100 dollars per week range. Some workers, depending on the damage and disability they are going through, will decide to litigate for further coverage.

Attorneys and Other Help

In Philadelphia it’s certainly not hard to find those who want to help you when there is money involved. But it also should be a warning to be careful with who you choose as a lawyer if you are hurt and want to litigate for further workers comp. A good source if you are associated with the Union is to contact your local chapter. A chapter’s site may actually have good references and may even have a flow of events for you to follow while referencing a WC claim. They may have someone you can call up for advice. Some attorneys give discounts on fees for union employees.

While looking for an attorney, as a precaution, check with the PA bar association before you obligate yourself to a lawyer. Make sure their practice is of a reputable sort (refer to the first paragraph).

When finding an attorney, try looking them up by location and type of litigation. For instance, if had an auto accident while on the job look under Philadelphia auto accident attorney or lawyer as a search term, or again check with the bar association index.

The author, Art Gib, is a freelance writer. Daniel M. Jaffe (http://www.danjaffelaw.com/) is a Philadelphia construction accident attorney. He has represented individuals for 30 years, giving the individual great legal leverage and personal justice with legitimate litigation cases.