h1b cap 2019 filing mistakes: how to avoid them?

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 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.


Find Out

5 COMMON H-1B CAP FILING MISTAKES

&

How To Avoid Them


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, 2018.


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


DO YOU QUALIFY FOR H-1B VISA?Find out.

VisaPro has developed a FREE Visa Eligibility tool.


http://www.visapro.com/online-visa-advisor/visa-eligibility/

http://www.visapro.com/online-visa-advisor/visa-eligibility/

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.

Using an outdated version of the Form I-129 may

result in the USCIS summarily rejecting the

petition.

Mistake 4: Selecting IncorrectStart Date on Form I-129


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.

How To Avoid It?

Mistake 4: Selecting IncorrectStart Date on Form I-129


A common error made when filing the H1B

petition is in relation to the USCIS filing fees and

filing location.

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.

Mistake 5: Filing With The Incorrect Fee orAt The Incorrect Service Center


Include a separate check for each filing fee. Verify

that every single check has been signed and

included in the filing package.

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.

How To Avoid It?

Mistake 5: Filing With The Incorrect Fee orAt The Incorrect Service Center


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 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.


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.


http://www.visapro.com/work-visas/h1b-visa/free-consultation-immigration-lawyer/

http://www.visapro.com/work-visas/h1b-visa/free-consultation-immigration-lawyer/

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


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


Washington, DC

1120 Connecticut Avenue NWSuite 425

Washington, DC 20036

New York

520 White Plains Road Suite 500

Tarrytown, NY 10591

1100 S Hope St.Suite 103

Los Angeles, CA 90015

Los Angeles

Contact Us

“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 MooneyJ2 Interactive, LLC


http://www.pinterest.com/visapro/

http://www.pinterest.com/visapro/

https://plus.google.com/+Visaproimmigrationservices/posts

https://plus.google.com/+Visaproimmigrationservices/posts

http://www.linkedin.com/company/visapro-immigration-services-llc

http://www.linkedin.com/company/visapro-immigration-services-llc

https://twitter.com/visaprolaw

https://twitter.com/visaprolaw

https://www.facebook.com/VisaProLLC?sk=wall

https://www.facebook.com/VisaProLLC?sk=wall

h1b cap 2019 filing mistakes: how to avoid them?

Law