H-1B filing tips (2015)
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This document provides tips for filing H-1B petitions, including ensuring the petitioning entity's information is filled out correctly in Part 1, signing all necessary forms, providing evidence that the beneficiary's education qualifies them for the position, and ensuring the Labor Condition Application is certified and covers the requested dates and locations of employment. Common reasons for receiving Requests for Evidence include lack of evidence showing maintenance of status, issues with extension requests, and insufficient evidence that the position qualifies as a specialty occupation. The document recommends reviewing for accuracy, providing support letters and filing petitions in duplicate to avoid delays.
H-1B filing tips (2015)
- 1. Presenter’s Name June 17, 2003 H-1B Filing Tips October 2014
- 2. Presenter’s Name June 17, 2003 H-1B Filing Tips 1.Enter the petitioning entity’s name, address, and phone number in Part 1 of the Form I-129, Petition for a Nonimmigrant Worker. Do not enter an attorney’s or agent’s address or phone number in Part 1 of the petition. •If you would like an attorney to be notified of any action on your case, you may file Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.
- 3. Presenter’s Name June 17, 2003 H-1B Filing Tips (Continued) 2.You must sign the petition, the Labor Condition Application (LCA), and both signature sections of the H Classification Supplement.
- 4. Presenter’s Name June 17, 2003 H-1B Filing Tips (Continued) 3.There must be a close correlation between the proposed H-1B duties and the beneficiary’s education. 4.Provide the beneficiary’s transcripts along with the diploma. 5.If you provide an evaluation of the beneficiary’s education, training, and/or experience, provide copies of the work experience letters, training certificates, transcripts, or other documentation that the evaluator used to make his or her determination.
- 5. Presenter’s Name June 17, 2003 H-1B Filing Tips (Continued) 6. The LCA filed with the H-1B petition must: •Be certified by the Department of Labor (DOL) before filing the petition; •Cover the requested employment dates; •Use the correct standard occupational classification (SOC) that reflects the duties listed on the petition; •Provide all work locations, if: •They are outside of the Metropolitan Statistical Area (MSA) of the main location; and •The length of employment at each location outside the MSA is long term (more than 30 days); and •Include a list of workers who have used/ will use the LCA if the LCA was filed for multiple beneficiaries.
- 6. Presenter’s Name June 17, 2003 Common RFE Reasons The most common reasons for issuing requests for evidence (RFEs) are: •Evidence of maintenance of status, such as pay stubs. •Evidence pertaining to extensions under the American Competitiveness in the Twenty-First Century Act (AC21), such as: •Copies of a permanent Labor Certification (pending or approved); •Form I-140, Immigrant Petition for Alien Worker; and/or •Evidence that the Labor Certification is currently pending. •In certain cases, evidence that the position qualifies as a specialty occupation and the beneficiary’s qualifications. •In off-site employment cases, evidence of the specialty occupation work available.
- 7. Presenter’s Name June 17, 2003 Preparation Some suggestions for improving the preparation and submission of H-1B petitions are: •Review the petition to ensure that the beneficiary’s name is spelled correctly, as listed on his or her passport. If the beneficiary has any name variations, provide those using the following format: LAST, First. •Submit a letter of support detailing the beneficiary’s job duties. •To avoid visa processing delays abroad: •File Form I-129 and the supporting documents in duplicate; and •If you receive an RFE, submit the RFE response and supporting documents in duplicate. •
- 8. Presenter’s Name June 17, 2003 Preparation (Continued) •If you are requesting recapture time, list the beneficiary’s arrival and departure dates and provide evidence showing eligibility for recapture time. •Examples of evidence that you may submit include copies of the beneficiary’s passport stamps, airline tickets, and/or flight itineraries. •If you are requesting additional time under sections 104 or 106 of AC21, include a copy of the Permanent Labor Certification (or up-to-date evidence that the permanent Labor Certification is pending with the DOL) or a copy of Form I-140. •If either was denied, please provide evidence of a timely filed appeal. •If you are requesting a change of status or extension of stay, include evidence that the beneficiary was maintaining a valid status at the time of filing.
- 9. Presenter’s Name June 17, 2003 About this Presentation Author: California Service Center Date of last revision: October 2014. This presentation is current only as of the date of last revision. This presentation contains no sensitive Personally Identifiable Information (PII). Any references in documents or text, with the exception of case law, relate to fictitious individuals. 9
- 10. Presenter’s Name June 17, 2003 Disclaimer This training module is intended solely to provide information on current USCIS process. It is not intended to, does not, and may not be relied upon to create or confer any right(s) or benefit(s), substantive or procedural, enforceable at law by any individual or other party in benefit applications before USCIS, in removal proceedings, in litigation with the United States, or in any other form or manner. This training module does not have the force of law, or of a DHS directive. 10