5 COMMON H-1B CAP 2019 FILING MISTAKES: FIND OUT HOW TO AVOID THEM Call: 1-202-787-1944 or Visit: www.VisaPro.com
With the FY 2019 H-1B quota expected to run out in the 1st week of April 2018, H-1B Cap presents twin challenges to employers.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
CHALLENGES 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.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
In the rush to get H-1B petitions timely filed,
EMPLOYERS OFTEN COMMIT AVOIDABLE MISTAKES that can seriously affect the outcome of the case.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
Find Out
5 COMMON
H-1B CAP FILING MISTAKES &
How To Avoid Them
Call: 1-202-787-1944 or Visit: www.VisaPro.com
Mistake 1: Deficient Job Description ďƒ˜
H-1B visa category is for people who perform services in a specialty occupation.
ďƒ˜
Deficient job descriptions could adversely impact
the outcome of the H-1B petition.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
Mistake 1: Deficient Job Description How To Avoid It? ďƒ˜
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. Call: 1-202-787-1944 or Visit: www.VisaPro.com
Mistake 2: FEIN Mismatch: Overlooking Possible Delays in LCA Certification
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.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
Mistake 2: FEIN Mismatch: Overlooking Possible Delays in LCA Certification How To Avoid It?
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.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
Mistake 3: Failure to Properly Determine Previous H-1B Status ďƒ˜
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. ďƒ˜
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, 2018. Call: 1-202-787-1944 or Visit: www.VisaPro.com
Mistake 3: Failure to Properly Determine Previous H-1B Status How To Avoid It? ďƒ˜
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.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
DO YOU QUALIFY FOR H-1B VISA? Find out.
VisaPro has developed a FREE Visa Eligibility tool.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
Mistake 4: Selecting Incorrect Start Date on Form I-129 ďƒ˜
Employers often commit fatal errors while entering details in the Form I-129 including errors related to start date, wages, or even using an incorrect version of the form.
ďƒ˜
Using an outdated version of the Form I-129 may result in the USCIS summarily rejecting the
petition.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
Mistake 4: Selecting Incorrect Start Date on Form I-129 How To Avoid It? ďƒ˜
Verify that the H-1B Cap petitions are being filed using the correct edition of Form I-129, and seek a start date no earlier than October 1, 2018. IMPORTANT: FY 2019 begins on October 1, 2018
Requesting an H-1B start date earlier than October 1, 2018 in the Form I-129 will result in the petition being rejected. Call: 1-202-787-1944 or Visit: www.VisaPro.com
Mistake 5: Filing With The Incorrect Fee or At The Incorrect Service Center ďƒ˜
A common error made when filing the H1B petition is in relation to the USCIS filing fees and filing location.
ďƒ˜
The H-1B petition will be rejected if any of the required fees is not included, or is issued with an
incorrect amount, or is sent to the incorrect USCIS Service Center.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
Mistake 5: Filing With The Incorrect Fee or At The Incorrect Service Center How To Avoid It? ďƒ˜
Include a separate check for each filing fee. Verify that every single check has been signed and included in the filing package.
ďƒ˜
Verify that the petition will be sent to the correct service center. TIP: USCIS generally establishes specific mailing addresses
for purposes of processing H-1B cap subject cases. Call: 1-202-787-1944 or Visit: www.VisaPro.com
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. Call: 1-202-787-1944 or Visit: www.VisaPro.com
Does your firm have a strategy to overcome the FY 2019 H-1B Cap filing challenges? VisaPro attorneys helped clients' secure 100% success with FY 2017 H-1B Cap filings, i.e., 100% approval of all the selected petitions.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
To help you improve your chances of H-1B lottery
selection and approvals,
We’re offering you a FREE FY 2019 H-1B Cap Filing Plan Consultation.
Call: 1-202-787-1944 or Visit: www.VisaPro.com
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 2019 filing plans compare to competitors in your industry
Call: 1-202-787-1944 or Visit: www.VisaPro.com
About VisaPro VisaPro is one of the leading immigration law firms in the U.S. Over the years we have helped clients from over 50 countries in obtaining work visas, family visas, investor visas, startup visas and green cards.
VisaPro offers services in the following areas:
Investor and Entrepreneur Advisory Services Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN Investor Visas: E-1, E-2, EB-5 Green Cards Employer Immigration Compliance Call: 1-202-787-1944 or Visit: www.VisaPro.com
Contact Us Washington, DC
Los Angeles
New York
1120 Connecticut Avenue NW Suite 425 Washington, DC 20036
1100 S Hope St. Suite 103 Los Angeles, CA 90015
520 White Plains Road Suite 500 Tarrytown, NY 10591
“I am so grateful for VisaPro's help in getting an H1-B visa put into place for a highly valuable new hire. I honestly don't know what I would have done if it hadn't been for the help of [VisaPro] Case Manager. He was able to patiently and clearly explain each stage of the process, was very responsive throughout, and was really a pleasure to work with. If we ever go through this process again, I know I will be calling VisaPro for help.� Jen Mooney
J2 Interactive, LLC
Call: 1-202-787-1944 or Visit: www.VisaPro.com