Do’s and Don’ts for H1B Filing

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CIS begins accepting H1B petitions in just a few weeks! That means if you or your employee or client is planning on petitioning for H1B visa status you’re presently putting the finishing touches on organizing the petition.

Before you file, stop! It’s easy to fall into sloppy habits during the time crunch, but don’t let the pressure cause you to file a petition that will receive an RFE or Denial.

Don’t file without double-checking every document included for consistency. Inconsistent spelling of institutions, workplaces, and even names can hurt the credibility of the petition. Make sure location, education, and employment dates match on all documents.

Don’t assume CIS knows the academic value of a foreign degree.

Don’t assume CIS will see that the candidate’s education and work experience indicate the degree of skill and specialization needed for the candidate to excel at his or her H1B job simply because the employer did.

Don’t file with pages out of order. Making your petition, or your employee or client’s petition readable and easy to digest is key to a favorable outcome.

Do check in with a credential evaluator with experience working with H1B cases and their RFEs before you file to make sure the education is in order.

Do include a foreign credential evaluation in the petition if the degree is from outside of the United States.

Do include a foreign credential evaluation in the petition if you or your employee or client has a degree in a field other than their job, a generalized degree, or no college degree.

Unless the degree is a four year US bachelor’s degree or higher in the exact field of the H1B job, never assume CIS understands the value of the education. CIS approval trends change, and the person adjudicating the petition is most likely NOT an international education expert. You will need to use the petition to hold CIS’ hand and guide them through the story of why you, or your employee or client is H1B qualified.

About the Author 

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.

This article was written by Rebecca Little

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