It’s time for those selected in the H-1B lottery to file complete petitions.  An airtight petition will prevent any RFEs or other adjudication hang-ups standing between your employee and their start date. 

Before you file, go through this checklist to make sure any potential weaknesses in your case are addressed:

  • Double-check all documents to make sure answers, timelines, addresses and other contact information, and spellings are consistent.
  • Make sure all documents, forms, and supporting evidence are accounted for and filed in the proper order.
  • If the wage level is set at Level One Wages or if the entry for the H-1B job in the US Department of Labor’s Occupational Outlook Handbook lists that the job does not ALWAYS require a bachelor’s degree minimum, include an expert opinion letter addressing wage level and specialty occupation issues.
  • Include a detailed breakdown of the duties and responsibilities of the job and how attainment of an advanced degree apply.
  • Provide evidence of past hiring practices and hiring practices for parallel positions within the industry showing specialty occupation.
  • If the wage level is set at Level One Wages, include a breakdown of the factors that went into setting the wage level appropriately and proof of prevailing wage.
  • If the beneficiary’s degree is ANYTHING EXCEPT a US bachelor’s degree or higher in the exact field of the H-1B job, include a credential evaluation showing that the beneficiary has the academic equivalent of the required degree in terms of US academic value.
  • If the H-1B position is a consultant or works on a per-project basis, include a complete itinerary of the work to be performed for the 3-year H-1B visa period.
  • If the H-1B employee will spend time at third-party worksites, explain how the employer will be able to control the work of the employee offsite.
  • Have a professional review of your case to check for any omissions or weaknesses and advise accordingly.

At CCI TheDegreePeople.com we work with difficult cases every year.  We know what triggers adjudication issues, and we know what petitioners need to show to prevent them.  Let us help you hold USCIS’ hand as they approve your petition.  For a free review of your case visit www.ccifree.com.  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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