5 common h-1b cap 2016 filing mistakes: how to overcome them?
Post on 07-Apr-2016
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With the FY 2016 H-1B quota expected to
run out in the 1st week of April 2015,
H-1B Cap presentstwin challenges to employers.
1. Filing H-1B Petition ON TIME to stand a chance of being considered in the H-1B lottery.
2. Filing STRONG H-1B PETITIONS to ensure successful adjudication of petitions selected in the H-1B lottery.
CHALLENGES
EMPLOYERS OFTEN COMMIT AVOIDABLE MISTAKES
In the rush to get H-1B petitions timely filed,
that can seriously affect the outcome of the case.
H-1B visa category is for people who perform
services in a specialty occupation.
Deficient job descriptions could adversely impact
the outcome of the H-1B petition.
Mistake 1: Deficient Job Description
Make sure that the job description clearly
demonstrates that the offered position
qualifies as a specialty occupation
TIP: USCIS looks at the specific duties of the offered
position in conjunction with factors like the nature of the
employer’s business when considering if a job is in a
specialty occupation.
Mistake 1: Deficient Job Description
How To Avoid It?
If the iCert system does not recognize a
company’s FEIN, then the company needs to be
pre-verified before an LCA can be submitted
successfully.
This pre-verification can take anywhere from
1-5 days resulting in unexpected delays.
Mistake 2: FEIN Mismatch: Overlooking Possible Delays in LCA Certification
Early preparation and submission of LCA’s will
allow employers to take corrective measures like
pre-verification should FEIN “mismatch” arise.
TIP: This will also help employers avoid any possible
delays arising out of the sudden increase in the volume of
LCA’s submitted during the H-1B cap filing season.
Mistake 2: FEIN Mismatch: Overlooking Possible Delays in LCA Certification
How To Avoid It?
Mistake 3: Failure to Properly Determine Previous H-1B Status
If the foreign national had previously maintained
H-1B status through an exempt employer or
position, he or she may not have been counted
towards the H-1B cap.
A foreign national transferring from an exempt
employer or position to a cap-subject employer
must have a new cap-subject H-1B petition
filed by the employer on April 1, 2015.
When looking to hire a foreign national who has
previously been in H-1B status, the employer
must determine whether or not the foreign
national has actually been counted towards
the H-1B cap.
How To Avoid It?
Mistake 3: Failure to Properly Determine Previous H-1B Status
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VisaPro has developed a FREE Visa Eligibility tool.
Mistake 4: H-1B Filing Fee Errors
A common error made when filing the H-1B
petition is in relation to the USCIS filing fees.
The H-1B Cap petition will be rejected if any
required fees is not included, or is issued with an
incorrect amount.
Include a separate check for each filing fee.
Do not combine the filing fees into one check.
IMPORTANT: Verify that every single check, in the correct
amount, has been included, and that the checks have
been signed.
Mistake 4: H-1B Filing Fee Errors
How To Avoid It?
Mistake 5: Filing With The Incorrect Service Center
If an H-1B cap petition is sent to the incorrect
USCIS Service Center, it is likely to be rejected.
Cap-subject H-1B petitions must be filed at the
correct USCIS Service Center depending on the
jurisdiction of the H-1B beneficiary's work
location(s), as specified in the petition.
TIP: USCIS generally establishes specific mailing addresses
for purposes of processing H-1B cap subject cases.
Mistake 5: Filing With The Incorrect Service Center
How To Avoid It?
Strict adherence to relevant
H-1B filing requirements is essential
to ensure that a petition
selected in the H-1B lottery
is NOT REJECTED OR DENIED due to
incomplete or improper filing.
Does your firm have a strategy to overcome
the FY 2016 H-1B Cap filing challenges?
VisaPro attorneys helped clients' secure 100%
success with FY 2015 H-1B Cap filings, i.e.,
100% approval of all the selected petitions.
To help you improve your chances of H-1B lottery
selection and approvals,
We’re offering you a
FREE FY 2016 H-1B Cap Filing Plan Consultation.
In the planning discussion, we’ll cover:
The most successful components of a H-1B filing plan
that you should have in place
How to pinpoint your firm’s differentiators to frame the
USCIS H-1B filing plan
How your H-1B Cap 2016 filing plans compare to
competitors in your industry
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