H-1B beneficiaries selected in the lottery for cap-subject visas have been notified! If you, or if your employee or client was selected, you have 90 days from notification to file the completed H-1B petition.
When it comes to USCIS, 90 days is shorter than you think, especially with record numbers of RFEs, second and third rounds of RFEs, and Denials that have plagued petitioners since FY2015 and delayed start dates for H-1B workers. The key to an on-time start date this fall is to get the completed H-1B petition filed, with all of your bases covered to prevent adjudication issues, as soon as possible. Anticipate any RFE issues to prevent them, and also anticipate that you will receive at least one round of RFEs before approval and budget your time accordingly.
USCIS has been illegally denying visas by interpreting specialty occupation requirements as ALWAYS requiring a minimum of a US bachelor’s degree or higher for entry into the position, instead of NORMALLY. Normally is what is stated in laws governing H-1B eligibility, and three federal judges have already found that USCIS was illegally exchanging “always” for “normally” to wrongfully deny H-1B petitions. It is important to keep this in mind when filing. Specialty occupation issues are likely to arise.
How can you prevent these RFEs and Denials? Over the past few years, we have helped clients successfully overturn these RFEs and Denials, and prevent them altogether by including an expert opinion letter addressing how the position meets specialty occupation requirements as an industry standard. This expert must have extensive experience working in the field. A professor or instructor in the field with limited industry experience does not qualify in the eyes of USCIS. We have the right kind of expert on hand 24/7 to write the letter you need, or your employee or client needs to fortify their case. Citing federal court precedents set this year may also be necessary to ensure that USCIS is compliant with laws governing the H-1B visa program.
CCI TheDegreePeople.com is here, fully functional with a full staff working from home. To help you get a jump on your complete H-1B filing, we are offering FREE 72 hour rush delivery on academic credential evaluations and expert letters through the end of May.
For a free review of your case, visit ccifree.com. We will get back to you in 48 hours or less.