Post on 07-Aug-2018
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
1/22
5 COMMON
H
-
1B CAP 2016
FILING MISTAKES:FIND OUT
HOW TO
AVOID
THEM
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
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With the FY 2016 H
-
1B quota expected to
run out in the 1
st
week of April 2015,
H
-
1B Cap presents
twin challenges to employers.
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
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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 selectedin the H
-
1B lottery.
CHALLENGES
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
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EMPLOYERS OFTEN COMMIT
AVOIDABLE MISTAKES
In the rush to
get H
-
1B petitions timely filed
,
that can seriously affect the outcome of the case.
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
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Find Out5 COMMON
H
-
1B CAP FILING MISTAKES&
How To
Avoid
Them
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
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H
-
1B visa category is for people who perform
services in a
specialty occupation
.
Deficient job descriptions could adversely impactthe outcome of the H
-
1B petition.
Mistake 1:
Deficient Job Description
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
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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 theemployers business when considering if a job is in a
specialty occupation.
Mistake 1: Deficient Job Description
How To Avoid It?
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
8/22
If the iCert system does not recognize a
companys 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
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
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Early preparation and submission of LCAs 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
LCAs submitted during the H-1B cap filing season.
Mistake 2: FEIN Mismatch: Overlooking Possible
Delays in LCA Certification
How To Avoid It?
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
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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.
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
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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
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
12/22
DO YOU QUALIFY FOR H-1B VISA?Find out.
VisaPro has developed a FREE Visa Eligibility tool.
http://visaoptions.visapro.com/visa-eligibility.asphttp://visaoptions.visapro.com/visa-eligibility.asp8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
13/22
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.
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
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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?
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
15/22
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.
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
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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?
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
17/22
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.
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
18/22
Does your firm have a strategy to overcomethe 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.
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
19/22
To help you improve your chances of H-1B lottery
selection and approvals,
Were offering you a
FREE FY 2016 H-1B Cap Filing Plan Consultation.
http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asphttp://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
20/22
In the planning discussion, well cover:
The most successful components of a H-1B filing plan
that you should have in place
How to pinpoint your firms differentiators to frame the
USCIS H-1B filing plan
How your H-1B Cap 2016 filing plans compare to
competitors in your industry
8/21/2019 H1B Cap 2016 Filing Mistakes: How To Avoid Them?
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About VisaPro
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