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 presentstwin 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

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“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