Sometimes people submit an H-1B Application and put it together days before the deadline, without planning in advance. This leads to delays due to some common reasons, once the petition has been selected in the lottery, which could jeopardize your eligibility and approval of the H1-B application. These 4 Top Tips will help you plan for a successful H-1B application process that will minimize your changes of delays, getting an RFE, or a denial.
1. H1B Issue: Job Is Not a Specialty Occupation
Gather evidence that the job position is a speciality occupation with job postings, statistics, and job descriptions from the Department of Labor.
2. H1B Issue: Applicant Does Not Meet the Education Requirement
Have the foreign credentials evaluated and make sure you have at minimum the equivalent of a Bachelor’s Degree.
3. H1B Issue: Employer Cannot Pay the Prevailing Wage
Research the job wage for your position and make sure your employer can pay you that wage or something close to that so when you get the prevailing wage, it is not a big issue.
4. H-1B Issue: The Employer Does Not Meet all the Requirements
Have the Employer put together their financial and company documents to make sure they meet the H-1B Employer Requirements.
Use our H-1B Visa Checklists to complete your immigration petition with all the required documents. It can be devastating to get a denial of your immigration petition or Request for Evidence (RFE) which can significantly delay your approval. Retaining an H-1B Visa lawyer with experience and knowledge of the process is absolutely necessary when handling such important immigration visa matters.