Common H1B Cap 2020 Filing Mistakes: How To Avoid Them?
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The document outlines five common mistakes employers make when filing H-1B petitions for the 2020 cap, including deficient job descriptions, mismatched FEINs, improperly determining previous H-1B status, incorrect start dates on Form I-129, and incorrect filing fees or addresses. It emphasizes the importance of careful preparation to avoid these pitfalls to ensure successful adjudication of petitions. Additionally, the document promotes VisaPro's consultation services to help improve H-1B filing strategies.
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“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 Mooney
J2 Interactive, LLC](https://image.slidesharecdn.com/h1b-cap-2020-filing-mistakes-190124150124/85/Common-H1B-Cap-2020-Filing-Mistakes-How-To-Avoid-Them-22-320.jpg)
Common H1B Cap 2020 Filing Mistakes: How To Avoid Them?
- 1. 5 COMMON H-1B CAP 2020 FILING MISTAKES: FIND OUT HOW TO AVOID THEM
- 2. With the FY 2020 H-1B quota expected to run out in the 1st week of April 2019, 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, 2019.
- 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. 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 Incorrect Start Date on Form I-129
- 14. 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, 2019. IMPORTANT: FY 2020 begins on October 1, 2019 Requesting an H-1B start date earlier than October 1, 2019 in the Form I-129 will result in the petition being rejected. How To Avoid It? Mistake 4: Selecting Incorrect Start Date on Form I-129
- 15. 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 or At The Incorrect Service Center
- 16. 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 or At The Incorrect Service Center
- 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 2020 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.
- 19. To help you improve your chances of H-1B lottery selection and approvals, We’re offering you a FREE FY 2020 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 2020 filing plans compare to competitors in your industry
- 21. 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
- 22. Washington, DC 1120 Connecticut Avenue NW Suite 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 Mooney J2 Interactive, LLC