Top 10 H1B Filing Tips Revealed

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Get the inside scoop on how to increase your odds of selection with these 10 tips on how to get an H1B visa!

Here are the top 10 H1B filing tips for getting an approval for the 2017-2018 H1B visa process:

Tip #1: Get your petition in as soon as the window opens!

In past years, the H1B season has been open for only a short period of time. In fact, due to the staggering numbers of petitions filed each year, the lottery window is typically only open for the first 5 business days after the USCIS begins filing petitions. For that reason, it’s ideal to submit as soon as the first business day in April 2017 rolls around. Procrastinating is not at all recommended.

Tip #2: Filing petitions with multiple employers may be an effective strategy.

It’s commonly known that USCIS will revoke or deny any duplicated petitions they receive that are filed by an employer for one individual. However, you are allowed to submit petitions for multiple employers and even work part-time. This can dramatically increase your chances of being selected. Additionally, you can transfer your employment once your petition has been improved.For H1B Visa Evaluation Visit here

Tip #3: Employers–Check if the foreign worker has been previously counted against the cap.

One way to circumvent the annual quota, as we previously mentioned, is to qualify for a cap exemption. If the foreign worker has not yet reached the 6-year limit or if they are working for a non-profit organization or higher learning institution, chances are they could be exempt.

Tip #4: Provide adequate evidence showing the employer can pay the prevailing wage.

On the petition, it’s important to include all the information that’s requested including evidence that the employer has the ability to pay the prevailing wage.

Tip #5: Double check all mailing addresses and sections that require a signature.

It’s easy to overlook a section or neglect to sign an important section. Be sure to double check all relevant fields for the proper information, including addresses and signatures.

Tip #6: Part-time workers can also file an H-1B petition.

Many are surprised to learn that H1Bs are not limited to only full-time specialty workers. When it comes to the number of hours your can work on the visa, it’s pretty flexible so if you are a part-time worker apply!

Tip #7: Don’t be misled into thinking that premium processing will increase your chances.

Just because you pay the premium processing fee does not mean your petition will automatically be selected. This feature only speeds up the decision regarding your I-129 petition. The USCIS announces the date that they will begin deciding petitions filed with premium processing each year.

It is important to note that using this feature will also not allow you to start any earlier than October 1st. Speak with your attorney to learn if premium processing is appropriate for your situation.

Tip #8: Your specialty occupation must be related to your degree.

The position on your H1B petition must correspond to your degree. Even though it is occasionally possible to get an H1B visa when you have a degree in a different field, it is almost always advisable to seek a position that correlates to your educational background. So if you are applying to be an engineer, your degree should not be in accounting. Make sense?

This is especially important, considering the fact that many of the H1B Requests for Evidence (RFE) that we get involve a situation in which the beneficiary did not have a degree that was related to the specialty position. While this is not the end of the road, it does create an unnecessary obstacle in the H1B visa process that could cost you your position in the lottery.

Tip #9: Processing costs must be paid to the USCIS by the employer.

It is very important that the H1B filing fees are not paid by the beneficiary. If the USCIS finds out the employer did not pay their responsible fees there are serious consequences including potentially revoking the worker’s visa. However, there are some fees, such as the premium processing fee, that can be paid by either the employer or the beneficiary. For the premium processing fee to be paid by the beneficiary, the employer must prove that this was done for the beneficiary’s sake, not the employer’s.

Tip #10: Have a qualified immigration attorney review all the paperwork.

One of the main mistakes that people make when they try to navigate the treacherous waters of immigration law is going it alone. Just like any big projects, you always want to have an expert by your side making sure that everything is going as planned and fighting for you should the need arise.Retaining an immigration attorney during the H1B visa process can significantly increase your chances of being approved by making sure that the fees and documents are filed correctly as well as making sure that the applicant’s position and qualifications have been thoroughly covered to avoid a Request for Evidence (RFE).

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