The period for electronic registration for H-1B visas for FY2023 closed on March 18th.  With the annual cap of 65,000 regular visas and 20,000 additional advanced degree visas met, USCIS now conducts a randomized lottery and those selected will be notified starting March 31st.  Those selected will be invited to file complete H-1B petitions.

We are in the midst of the waiting period.  What can we do?

If selected, petitioners will have 90 days to file.  However, this filing can become a long, complex process and even though the Denial rate is down, RFEs are still common hang-ups for H-1B petitioners.  In recent years, we have seen as many as three rounds of RFEs before visa approval, delaying work start dates and hindering employer workflow. 

Now is a good time to get all your ducks in a row and prepare to file.  It is time to look over the case in search of areas of weakness and red flags:

  • Degrees earned outside of the United States
  • Incomplete college, degree that does not match the H-1B job, or no college
  • Level One Wages
  • Computer Programmer or any other job that NORMALLY but doesn’t always require a minimum bachelor’s degree attainment
  • Work performed at a third-party worksite
  • Beneficiary is a consultant or works on a per-project basis

Education issues will require a detailed credential evaluation that takes the job, the education, the visa requirements, and the beneficiary’s past work experience into account to fill in any gaps between the education the beneficiary has and the exact degree USCIS will approve.  Specialty occupation and wage level issues can be addressed with an expert opinion letter written by an expert with extensive experience working in the field of the H-1B job.  Employer-employee relationship issues require an itinerary for the work the beneficiary will perform for the duration of the visa period and evidence as to how the employer will be able to control the employee’s work offsite.

At CCI TheDegreePeople.com, we work with difficult cases every year, and know how to successfully prevent RFEs and Denials.  We work with experts in all H-1B fields, and all of our credential evaluations are written uniquely to fit each client’s situation.  We offer consulting services to ensure that you have all your bases covered before you file.

Take this week to let us review your case for free.  Visit www.ccifree.com and 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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