H-1B electronic registrants selected in the lottery are being notified by USCIS starting TODAY.  That means it’s time to get filing.  Complete petitions will start being accepted tomorrow and time is of the essence.

We anticipate high levels of RFEs again this year.  Even with the change of administration, specialty occupation and employer-employee relationship issues are still expected to run rampant.  These approval trends were commonplace before any attempts to codify them were made.  That means a bulletproof petition anticipates these issues:

Include added documentation supporting Specialty Occupation H-1B requirements.

If the H-1B job does not ALWAYS require a minimum or a US bachelor’s degree or higher in the field of the H-1B job in the US Department of Labor’s Occupational Outlook Handbook, additional documentation is needed.  Include a detailed breakdown of the duties and responsibilities of the job highlighting specialized skills and knowledge acquired through completion of a US bachelor’s degree program or higher.  Include documentation of past hiring practices showing the company requires a minimum of a US bachelor’s degree or higher for entrance into the position in question.  Tie it all together with an expert opinion letter from an industry professional with extensive field experience including having made hiring decisions regarding this position and supporting positions.  All of this must be included in the initial petition to prevent an RFE.

Include a complete itinerary for the duration of the H-1B visa.

This added step is a headache and a half but is essential for consulting firms and other companies that take on work on a per-project basis.  Employers now must show that there will be work for the H-1B employee for the entire H-1B visa period.  This means writing on a timeline of projects including client or customer contact information.  For H-1B employees who will be working at offsite third-party locations for any part of the three-year H-1B period, include an analysis of how the employer will be able to control the work of the H-1B employee even when they are working offsite.

Before you file, let us review your case for free to identify any weaknesses that need additional evidence and documentation.  At CCI TheDegreePeople.com, we work with difficult H-1B cases and RFEs every year with an over 90% rate of visa approval.

Visit www.ccifree.com for a free case review and consultation.  We will respond in 4 hours or less.

Sheila Danzig

Sheila Danzig is the director of CCI TheDegreePeople.com.  Sheila specializes in overturning RFEs and Denials for work visas.

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