H1B Cap 2016 Filing Mistakes: How To Avoid Them?

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


2/22

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.


3/22

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


4/22

EMPLOYERS OFTEN COMMIT

AVOIDABLE MISTAKES

In the rush to

get H

-

1B petitions timely filed

,

that can seriously affect the outcome of the case.


5/22

Find Out5 COMMON

H

-

1B CAP FILING MISTAKES&

How To

Avoid

Them


6/22

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


7/22

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?


8/22

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


9/22

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?


10/22

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.


11/22

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


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.asp


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.


14/22

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?


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.


16/22

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?


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.


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.


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.asp


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


21/22

About VisaPro

VisaPro was established in October 2002 with a dream to

provide exceptional U.S. immigration legal services at

reasonable costs to companies and individuals around the globe

and today we are proud to say that we have succeeded.

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
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22/22

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Ihave had the pleasure of working with the staff at VisaPro. Their knowledge, professionalism

and overall pleasantness made my job much easier. They assisted me every step of the way in

applying for an H-1B Visa, I could not imagine getting through this process without them. I would

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United States Luggage Company LLC
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H1B Cap 2016 Filing Mistakes: How To Avoid Them?

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