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E-Verify and H-1B Visas Update

January 28, 2009
Immigration Advisory

Implementation of Rule Requiring Certain Federal Contractors to Participate in E-Verify Delayed Again

The implementation date of a regulation requiring certain federal contractors and subcontractors to participate in E-Verify has been delayed until May 21, 2009 in order to allow the new administration an adequate opportunity to review the rule. Under the rule, certain federal contracts awarded and solicitations issued after May 21, 2009 will include a clause requiring use of E-Verify.

2010 H-1B Visas

2010 H-1B visas for individuals not currently in H-1B status will likely be in high demand and run out before fiscal year 2010 begins on October 1, 2009. The 2009 H-1B visa cap for individuals not currently in H-1B status was reached within the first five days applications were accepted. Employers may first apply for H-1B visas on April 1, 2009 with a start date of October 1, 2009. This H-1B cap limitation does not apply to extensions of H-1B status or those obtaining H-1B status to teach at colleges, universities, related nonprofit or government research organizations or J waiver physicians. If your company has potential H-1B candidates working on post-education employment authorization that will expire prior to October 1, 2010, please contact us to prepare H-1B petitions for these individuals as soon as possible to secure an available visa.

For more about these or any other immigration or work authorization matter, contact Kimberly A. Clarke at 616/336-6441 or Nina G. Thekdi at 248/567-7406.

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