SlideShare uma empresa Scribd logo
1 de 22
Baixar para ler offline
5 COMMON
H-1B CAP 2016
FILING MISTAKES:
FIND OUT
HOW TO AVOID THEM
With the FY 2016 H-1B quota expected to
run out in the 1st week of April 2015,
H-1B Cap presents
twin 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, 2015.
 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.
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.
 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?
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.
 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?
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 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.
To help you improve your chances of H-1B lottery
selection and approvals,
We’re offering you a
FREE FY 2016 H-1B Cap Filing Plan Consultation.
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 2016 filing plans compare to
competitors in your industry
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
Washington, DC
1050 17th Street NW
Suite 1000
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 have 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
highly recommend VisaPro to anyone applying for a Visa. I would most definitely use VisaPro
again”
Beverly Brawer,
United States Luggage Company LLC

Mais conteúdo relacionado

Mais de VisaPro Immigration Services LLC

5 Common H-1B Cap 2025 Filing Mistakes: How To Overcome Them?
5 Common H-1B Cap 2025 Filing Mistakes: How To Overcome Them?5 Common H-1B Cap 2025 Filing Mistakes: How To Overcome Them?
5 Common H-1B Cap 2025 Filing Mistakes: How To Overcome Them?VisaPro Immigration Services LLC
 
H1B 2024 Visa:Facts and Figures Ahead Of The Big Day April 1
H1B 2024 Visa:Facts and Figures Ahead Of The Big Day April 1H1B 2024 Visa:Facts and Figures Ahead Of The Big Day April 1
H1B 2024 Visa:Facts and Figures Ahead Of The Big Day April 1VisaPro Immigration Services LLC
 
H-1B Lottery 2023: What Are Your Chances Of Winning H1B Lottery?
H-1B Lottery 2023: What Are Your Chances Of Winning H1B Lottery?H-1B Lottery 2023: What Are Your Chances Of Winning H1B Lottery?
H-1B Lottery 2023: What Are Your Chances Of Winning H1B Lottery?VisaPro Immigration Services LLC
 
H1B Visa 2024 Predictions: What Are Your Chances of Being Selected?
H1B Visa 2024 Predictions: What Are Your Chances of Being Selected?H1B Visa 2024 Predictions: What Are Your Chances of Being Selected?
H1B Visa 2024 Predictions: What Are Your Chances of Being Selected?VisaPro Immigration Services LLC
 
H1B Visa 2022 Predictions: What Are Your Chances of Being Selected?
H1B Visa 2022 Predictions: What Are Your Chances of Being Selected?H1B Visa 2022 Predictions: What Are Your Chances of Being Selected?
H1B Visa 2022 Predictions: What Are Your Chances of Being Selected?VisaPro Immigration Services LLC
 
2021 H1B Prediction: What Are Your Chances of Winning H1B Lottery?
2021 H1B Prediction: What Are Your Chances of Winning H1B Lottery?2021 H1B Prediction: What Are Your Chances of Winning H1B Lottery?
2021 H1B Prediction: What Are Your Chances of Winning H1B Lottery?VisaPro Immigration Services LLC
 
5 Common H-1B Cap 2021 Filing Mistakes: How To Overcome Them?
5 Common H-1B Cap 2021 Filing Mistakes: How To Overcome Them?5 Common H-1B Cap 2021 Filing Mistakes: How To Overcome Them?
5 Common H-1B Cap 2021 Filing Mistakes: How To Overcome Them?VisaPro Immigration Services LLC
 
H1B Visa 2019 Predictions: What Are Your Chances of Being Selected?
H1B Visa 2019 Predictions: What Are Your Chances of Being Selected?H1B Visa 2019 Predictions: What Are Your Chances of Being Selected?
H1B Visa 2019 Predictions: What Are Your Chances of Being Selected?VisaPro Immigration Services LLC
 

Mais de VisaPro Immigration Services LLC (20)

Download H1 Visa 2025 Timeline Template - FREE
Download H1 Visa 2025 Timeline Template - FREEDownload H1 Visa 2025 Timeline Template - FREE
Download H1 Visa 2025 Timeline Template - FREE
 
5 Common H-1B Cap 2025 Filing Mistakes: How To Overcome Them?
5 Common H-1B Cap 2025 Filing Mistakes: How To Overcome Them?5 Common H-1B Cap 2025 Filing Mistakes: How To Overcome Them?
5 Common H-1B Cap 2025 Filing Mistakes: How To Overcome Them?
 
F1 OPT to H1B Change of Status: Follow These Simple Steps
F1 OPT to H1B Change of Status: Follow These Simple StepsF1 OPT to H1B Change of Status: Follow These Simple Steps
F1 OPT to H1B Change of Status: Follow These Simple Steps
 
H1B 2024 Visa:Facts and Figures Ahead Of The Big Day April 1
H1B 2024 Visa:Facts and Figures Ahead Of The Big Day April 1H1B 2024 Visa:Facts and Figures Ahead Of The Big Day April 1
H1B 2024 Visa:Facts and Figures Ahead Of The Big Day April 1
 
H-1B Lottery 2023: What Are Your Chances Of Winning H1B Lottery?
H-1B Lottery 2023: What Are Your Chances Of Winning H1B Lottery?H-1B Lottery 2023: What Are Your Chances Of Winning H1B Lottery?
H-1B Lottery 2023: What Are Your Chances Of Winning H1B Lottery?
 
H1B Visa Cap: Which Strategy Works Best For You?
H1B Visa Cap: Which Strategy Works Best For You?H1B Visa Cap: Which Strategy Works Best For You?
H1B Visa Cap: Which Strategy Works Best For You?
 
6 Easy Steps For Successful H1 Visa 2024 Filing
6 Easy Steps For Successful H1 Visa 2024 Filing6 Easy Steps For Successful H1 Visa 2024 Filing
6 Easy Steps For Successful H1 Visa 2024 Filing
 
H1B Cap 2024 Filing Mistakes: How To Avoid Them?
H1B Cap 2024 Filing Mistakes: How To Avoid Them?H1B Cap 2024 Filing Mistakes: How To Avoid Them?
H1B Cap 2024 Filing Mistakes: How To Avoid Them?
 
H1B Cap 2024 Filing Secrets: Why You Should Plan Now?
H1B Cap 2024 Filing Secrets: Why You Should Plan Now?H1B Cap 2024 Filing Secrets: Why You Should Plan Now?
H1B Cap 2024 Filing Secrets: Why You Should Plan Now?
 
F-1 OPT, H1B & CAP GAP: All About It
F-1 OPT, H1B & CAP GAP: All About ItF-1 OPT, H1B & CAP GAP: All About It
F-1 OPT, H1B & CAP GAP: All About It
 
H1B Visa 2024 Predictions: What Are Your Chances of Being Selected?
H1B Visa 2024 Predictions: What Are Your Chances of Being Selected?H1B Visa 2024 Predictions: What Are Your Chances of Being Selected?
H1B Visa 2024 Predictions: What Are Your Chances of Being Selected?
 
Free H1 Visa 2023 Timeline Template - Download Now
Free H1 Visa 2023 Timeline Template - Download NowFree H1 Visa 2023 Timeline Template - Download Now
Free H1 Visa 2023 Timeline Template - Download Now
 
Common H1B Cap 2023 Filing Mistakes: How To Avoid Them?
Common H1B Cap 2023 Filing Mistakes: How To Avoid Them?Common H1B Cap 2023 Filing Mistakes: How To Avoid Them?
Common H1B Cap 2023 Filing Mistakes: How To Avoid Them?
 
How To Change F-1 OPT to H1B and Fill The Cap Gap?
How To Change F-1 OPT to H1B and Fill The Cap Gap?How To Change F-1 OPT to H1B and Fill The Cap Gap?
How To Change F-1 OPT to H1B and Fill The Cap Gap?
 
H1B Cap 2022 Filing Mistakes: How To Avoid Them?
H1B Cap 2022 Filing Mistakes: How To Avoid Them?H1B Cap 2022 Filing Mistakes: How To Avoid Them?
H1B Cap 2022 Filing Mistakes: How To Avoid Them?
 
H1B Visa 2022 Predictions: What Are Your Chances of Being Selected?
H1B Visa 2022 Predictions: What Are Your Chances of Being Selected?H1B Visa 2022 Predictions: What Are Your Chances of Being Selected?
H1B Visa 2022 Predictions: What Are Your Chances of Being Selected?
 
2021 H1B Prediction: What Are Your Chances of Winning H1B Lottery?
2021 H1B Prediction: What Are Your Chances of Winning H1B Lottery?2021 H1B Prediction: What Are Your Chances of Winning H1B Lottery?
2021 H1B Prediction: What Are Your Chances of Winning H1B Lottery?
 
5 Common H-1B Cap 2021 Filing Mistakes: How To Overcome Them?
5 Common H-1B Cap 2021 Filing Mistakes: How To Overcome Them?5 Common H-1B Cap 2021 Filing Mistakes: How To Overcome Them?
5 Common H-1B Cap 2021 Filing Mistakes: How To Overcome Them?
 
H1B Lottery Results:What Are Your Chances of Selection?
H1B Lottery Results:What Are Your Chances of Selection?H1B Lottery Results:What Are Your Chances of Selection?
H1B Lottery Results:What Are Your Chances of Selection?
 
H1B Visa 2019 Predictions: What Are Your Chances of Being Selected?
H1B Visa 2019 Predictions: What Are Your Chances of Being Selected?H1B Visa 2019 Predictions: What Are Your Chances of Being Selected?
H1B Visa 2019 Predictions: What Are Your Chances of Being Selected?
 

Último

John Hustaix - The Legal Profession: A History
John Hustaix - The Legal Profession:  A HistoryJohn Hustaix - The Legal Profession:  A History
John Hustaix - The Legal Profession: A HistoryJohn Hustaix
 
SecuritiesContracts(Regulation)Act,1956.pdf
SecuritiesContracts(Regulation)Act,1956.pdfSecuritiesContracts(Regulation)Act,1956.pdf
SecuritiesContracts(Regulation)Act,1956.pdfDrNiteshSaraswat
 
Special Accounting Areas - Hire purchase agreement
Special Accounting Areas - Hire purchase agreementSpecial Accounting Areas - Hire purchase agreement
Special Accounting Areas - Hire purchase agreementShubhiSharma858417
 
Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal FrameworksUnderstanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal FrameworksFinlaw Associates
 
如何办理(UNK毕业证书)内布拉斯加大学卡尼尔分校毕业证学位证书
如何办理(UNK毕业证书)内布拉斯加大学卡尼尔分校毕业证学位证书如何办理(UNK毕业证书)内布拉斯加大学卡尼尔分校毕业证学位证书
如何办理(UNK毕业证书)内布拉斯加大学卡尼尔分校毕业证学位证书SD DS
 
Grey Area of the Information Technology Act, 2000.pptx
Grey Area of the Information Technology Act, 2000.pptxGrey Area of the Information Technology Act, 2000.pptx
Grey Area of the Information Technology Act, 2000.pptxBharatMunjal4
 
Analysis on Law of Domicile under Private International laws.
Analysis on Law of Domicile under Private International laws.Analysis on Law of Domicile under Private International laws.
Analysis on Law of Domicile under Private International laws.2020000445musaib
 
Vanderburgh County Sheriff says he will Not Raid Delta 8 Shops
Vanderburgh County Sheriff says he will Not Raid Delta 8 ShopsVanderburgh County Sheriff says he will Not Raid Delta 8 Shops
Vanderburgh County Sheriff says he will Not Raid Delta 8 ShopsAbdul-Hakim Shabazz
 
Rights of under-trial Prisoners in India
Rights of under-trial Prisoners in IndiaRights of under-trial Prisoners in India
Rights of under-trial Prisoners in IndiaAbheet Mangleek
 
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdfWurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdfssuser3e15612
 
Sports Writing for PISAYyyyyyyyyyyyyyy.pptx
Sports Writing for PISAYyyyyyyyyyyyyyy.pptxSports Writing for PISAYyyyyyyyyyyyyyy.pptx
Sports Writing for PISAYyyyyyyyyyyyyyy.pptxmarielouisetulaytay
 
Alexis O'Connell Arrest Records Houston Texas lexileeyogi
Alexis O'Connell Arrest Records Houston Texas lexileeyogiAlexis O'Connell Arrest Records Houston Texas lexileeyogi
Alexis O'Connell Arrest Records Houston Texas lexileeyogiBlayneRush1
 
citizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicablecitizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicableSaraSantiago44
 
定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一
定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一
定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一st Las
 
Alexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis Lee
Alexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis LeeAlexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis Lee
Alexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis LeeBlayneRush1
 
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...Dr. Oliver Massmann
 
定制(WMU毕业证书)美国西密歇根大学毕业证成绩单原版一比一
定制(WMU毕业证书)美国西密歇根大学毕业证成绩单原版一比一定制(WMU毕业证书)美国西密歇根大学毕业证成绩单原版一比一
定制(WMU毕业证书)美国西密歇根大学毕业证成绩单原版一比一jr6r07mb
 
Alexis O'Connell Lexileeyogi 512-840-8791
Alexis O'Connell Lexileeyogi 512-840-8791Alexis O'Connell Lexileeyogi 512-840-8791
Alexis O'Connell Lexileeyogi 512-840-8791BlayneRush1
 
Law360 - How Duty Of Candor Figures In USPTO AI Ethics Guidance
Law360 - How Duty Of Candor Figures In USPTO AI Ethics GuidanceLaw360 - How Duty Of Candor Figures In USPTO AI Ethics Guidance
Law360 - How Duty Of Candor Figures In USPTO AI Ethics GuidanceMichael Cicero
 

Último (20)

John Hustaix - The Legal Profession: A History
John Hustaix - The Legal Profession:  A HistoryJohn Hustaix - The Legal Profession:  A History
John Hustaix - The Legal Profession: A History
 
SecuritiesContracts(Regulation)Act,1956.pdf
SecuritiesContracts(Regulation)Act,1956.pdfSecuritiesContracts(Regulation)Act,1956.pdf
SecuritiesContracts(Regulation)Act,1956.pdf
 
Special Accounting Areas - Hire purchase agreement
Special Accounting Areas - Hire purchase agreementSpecial Accounting Areas - Hire purchase agreement
Special Accounting Areas - Hire purchase agreement
 
Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal FrameworksUnderstanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
 
如何办理(UNK毕业证书)内布拉斯加大学卡尼尔分校毕业证学位证书
如何办理(UNK毕业证书)内布拉斯加大学卡尼尔分校毕业证学位证书如何办理(UNK毕业证书)内布拉斯加大学卡尼尔分校毕业证学位证书
如何办理(UNK毕业证书)内布拉斯加大学卡尼尔分校毕业证学位证书
 
Grey Area of the Information Technology Act, 2000.pptx
Grey Area of the Information Technology Act, 2000.pptxGrey Area of the Information Technology Act, 2000.pptx
Grey Area of the Information Technology Act, 2000.pptx
 
Analysis on Law of Domicile under Private International laws.
Analysis on Law of Domicile under Private International laws.Analysis on Law of Domicile under Private International laws.
Analysis on Law of Domicile under Private International laws.
 
Vanderburgh County Sheriff says he will Not Raid Delta 8 Shops
Vanderburgh County Sheriff says he will Not Raid Delta 8 ShopsVanderburgh County Sheriff says he will Not Raid Delta 8 Shops
Vanderburgh County Sheriff says he will Not Raid Delta 8 Shops
 
Rights of under-trial Prisoners in India
Rights of under-trial Prisoners in IndiaRights of under-trial Prisoners in India
Rights of under-trial Prisoners in India
 
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdfWurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
 
Sports Writing for PISAYyyyyyyyyyyyyyy.pptx
Sports Writing for PISAYyyyyyyyyyyyyyy.pptxSports Writing for PISAYyyyyyyyyyyyyyy.pptx
Sports Writing for PISAYyyyyyyyyyyyyyy.pptx
 
Alexis O'Connell Arrest Records Houston Texas lexileeyogi
Alexis O'Connell Arrest Records Houston Texas lexileeyogiAlexis O'Connell Arrest Records Houston Texas lexileeyogi
Alexis O'Connell Arrest Records Houston Texas lexileeyogi
 
citizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicablecitizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicable
 
定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一
定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一
定制(BU文凭证书)美国波士顿大学毕业证成绩单原版一比一
 
Alexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis Lee
Alexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis LeeAlexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis Lee
Alexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis Lee
 
young Call Girls in Pusa Road🔝 9953330565 🔝 escort Service
young Call Girls in  Pusa Road🔝 9953330565 🔝 escort Serviceyoung Call Girls in  Pusa Road🔝 9953330565 🔝 escort Service
young Call Girls in Pusa Road🔝 9953330565 🔝 escort Service
 
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...
Legal Alert - Vietnam - First draft Decree on mechanisms and policies to enco...
 
定制(WMU毕业证书)美国西密歇根大学毕业证成绩单原版一比一
定制(WMU毕业证书)美国西密歇根大学毕业证成绩单原版一比一定制(WMU毕业证书)美国西密歇根大学毕业证成绩单原版一比一
定制(WMU毕业证书)美国西密歇根大学毕业证成绩单原版一比一
 
Alexis O'Connell Lexileeyogi 512-840-8791
Alexis O'Connell Lexileeyogi 512-840-8791Alexis O'Connell Lexileeyogi 512-840-8791
Alexis O'Connell Lexileeyogi 512-840-8791
 
Law360 - How Duty Of Candor Figures In USPTO AI Ethics Guidance
Law360 - How Duty Of Candor Figures In USPTO AI Ethics GuidanceLaw360 - How Duty Of Candor Figures In USPTO AI Ethics Guidance
Law360 - How Duty Of Candor Figures In USPTO AI Ethics Guidance
 

5 Common H-1B Cap 2016 Filing Mistakes: How To Overcome Them?

  • 1. 5 COMMON H-1B CAP 2016 FILING MISTAKES: FIND OUT HOW TO AVOID THEM
  • 2. With the FY 2016 H-1B quota expected to run out in the 1st week of April 2015, H-1B Cap presents twin challenges to employers.
  • 3. 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
  • 4. 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. Find Out 5 COMMON H-1B CAP FILING MISTAKES & How To Avoid Them
  • 6.  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
  • 7.  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?
  • 8.  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
  • 9.  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?
  • 10. 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.  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. DO YOU QUALIFY FOR H-1B VISA? Find out. VisaPro has developed a FREE Visa Eligibility tool.
  • 13. 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.  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. 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.  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. 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. Does your firm have a strategy to overcome the 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. To help you improve your chances of H-1B lottery selection and approvals, We’re offering you a FREE FY 2016 H-1B Cap Filing Plan Consultation.
  • 20. 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 2016 filing plans compare to competitors in your industry
  • 21. 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
  • 22. Washington, DC 1050 17th Street NW Suite 1000 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 have 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 highly recommend VisaPro to anyone applying for a Visa. I would most definitely use VisaPro again” Beverly Brawer, United States Luggage Company LLC