[Fredslist] FW: H-1B

[Allen E. Kaye]

H-1B Cap - 5 Pre-Filing Tips

By:  Allen E. Kaye

 

March 27, 2014 

In the run up to the opening of the FY 2015 H-1B Cap on April 1, 2014, H-1B
employers and immigration attorneys are facing a tight deadline for
finalizing their H-1B cap-subject visa petitions.  Here are 5 tips to keep
in mind so you don't end up an April Fool:

1.	H-1B cap petitions will be accepted by USCIS for 5 business days,
i.e., from Tuesday, April 1 to Monday, April 7, no matter how many petitions
are received prior to April 7.  All petitions accepted during this period
will go through the H-1B lottery; no preference is given to petitions
accepted by USCIS on the 1st of April (Tuesday) over those filed on the 5th
business day (Monday, April 7).

2.	Double check the licensure requirements for eligibility to practice
the H-1B profession in the state(s) where the worker will provide services,
as H-1B petitions for positions in certain occupational categories (e.g.,
architects, family therapists, etc.) may require additional evidence
relating to licensure in order to be approved.  Consider including evidence
confirming that licensure is not required (e.g. professional codes, copy of
supervisor's license) - you may even avoid a request for evidence!

3.	If the worker will render services at locations other then or in
addition to the H-1B sponsor's premises (expect this question to be raised
for petitions filed by IT and consulting companies!), be sure to include the
applicable end-client letters/job orders, as well as documents to
demonstrate the employer-employee relationship between the sponsor and the
H-1B worker - USCIS will request it if you don't.

4.	Prepare the government filing fee checks early, and triple check to
confirm that the amounts and payee information are correct.  This is a big
one, as USCIS rejects petitions, even before the H-1B lottery, if a check is
missing or deficient.

5.	The Department of Labor is taking more than 7 days to certify Labor
Condition Applications (LCAs) in some cases, and USCIS recently confirmed it
will only accept H-1B petitions accompanied by a signed (original signature
not required) and certified LCA regardless of any delays on the part of the
other agency.  So post your notices, and submit your remaining LCAs now, or
forever hold your peace!

 

Regards,

 

Allen E. Kaye

 

 

 

Allen E. Kaye, Esq.

LAW OFFICES OF ALLEN E. KAYE., P.C.

111 Broadway, 13th Floor

New York, NY 10006

(212) 964-5858

Fax: (212) 608-3734

Email: allenekaye at kayevisalaw.com

Website: www.kayevisalaw.com

 

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