It’s official! We’re down to the wire and April First is next week. Don’t let the very, very last minute cause you to file an incomplete H1B petition. When it comes to visa approval, just getting it filed is NOT better than making sure it’s complete. Filing an incomplete petition is a waste of time.
Before you file, go through this H1B checklist and make sure you have EVERYTHING checked off.
Double-check all of the documents and applications included in the petition to make sure all of the answers are consistent. Inconsistencies between applications, educational documents, and resumes can trigger a pretty serious RFE as CIS is cracking down on visa fraud. Inconsistent dates and locations for where the candidate has lived, worked, and gone to school are big red flags, as are misspellings.
Find out right now. Simply go to ccifree.com and attach the candidate’s educational documents and an accurate, current resume, along with the job title and we will respond within 24 hours with a full pre-evaluation of your case. We will include all of your options for writing the evaluation for the educational equivalency needed to get the H1B visa approved. We offer rush delivery options to get your credential evaluation to you in as fast as three hours.
Educational requirements for CIS are tricky. If the candidate has a degree from outside of the United States, do NOT file without a credential evaluation. The candidate may have a degree earned in the United States that is not H1B qualified. The degree must be an exact match for the job or CIS will not approve the visa.
H1B requirements state the job must require a US bachelor’s degree or higher or its foreign equivalent to be considered specialized. The H1B visa program’s purpose is to bring highly skilled workers to the US to fill these highly specialized jobs that the US workforce cannot fill on its own. That means you have to show that the job requires a specialized skillset, which means an advanced degree in the exact field of employ. To prove this, provide a copy of the ad for the job that includes duties and minimum requirements, as well as the official job description itself. Also include ads and descriptions for similar jobs in the same field to show that this job is specialized across the board and not just to accommodate the candidate’s visa. If the job is particularly specialized for this particular company, include an expert opinion letter as to why this is the case.
Make sure your petition is in order with all of the paperwork where CIS expects it to be. A disorganized petition is not pleasant to read and this will impact approval. File for the audience and it will pay off in the end.
About the Author
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