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5 Common H-1B Cap 2016 Filing Mistakes: How To Overcome Them?

H1B Cap 2016 Filing Mistakes: Find out how to overcome them.

VisaPro Law Firm can help increase your chances of H-1B lottery selection and approvals.

Conact VisaPro for a FREE 2016 H1B Filing Plan Consultation at

To receive assistance with your FY 2016 H-1B filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.

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5 Common H-1B Cap 2016 Filing Mistakes: How To Overcome Them?

  2. 2. With the FY 2016 H-1B quota expected to run out in the 1st week of April 2015, H-1B Cap presents twin challenges to employers.
  3. 3. 1. Filing H-1B Petition ON TIME to stand a chance of being considered in the H-1B lottery. 2. Filing STRONG H-1B PETITIONS to ensure successful adjudication of petitions selected in the H-1B lottery. CHALLENGES
  4. 4. EMPLOYERS OFTEN COMMIT AVOIDABLE MISTAKES In the rush to get H-1B petitions timely filed, that can seriously affect the outcome of the case.
  5. 5. Find Out 5 COMMON H-1B CAP FILING MISTAKES & How To Avoid Them
  6. 6.  H-1B visa category is for people who perform services in a specialty occupation.  Deficient job descriptions could adversely impact the outcome of the H-1B petition. Mistake 1: Deficient Job Description
  7. 7.  Make sure that the job description clearly demonstrates that the offered position qualifies as a specialty occupation TIP: USCIS looks at the specific duties of the offered position in conjunction with factors like the nature of the employer’s business when considering if a job is in a specialty occupation. Mistake 1: Deficient Job Description How To Avoid It?
  8. 8.  If the iCert system does not recognize a company’s FEIN, then the company needs to be pre-verified before an LCA can be submitted successfully.  This pre-verification can take anywhere from 1-5 days resulting in unexpected delays. Mistake 2: FEIN Mismatch: Overlooking Possible Delays in LCA Certification
  9. 9.  Early preparation and submission of LCA’s will allow employers to take corrective measures like pre-verification should FEIN “mismatch” arise. TIP: This will also help employers avoid any possible delays arising out of the sudden increase in the volume of LCA’s submitted during the H-1B cap filing season. Mistake 2: FEIN Mismatch: Overlooking Possible Delays in LCA Certification How To Avoid It?
  10. 10. Mistake 3: Failure to Properly Determine Previous H-1B Status  If the foreign national had previously maintained H-1B status through an exempt employer or position, he or she may not have been counted towards the H-1B cap.  A foreign national transferring from an exempt employer or position to a cap-subject employer must have a new cap-subject H-1B petition filed by the employer on April 1, 2015.
  11. 11.  When looking to hire a foreign national who has previously been in H-1B status, the employer must determine whether or not the foreign national has actually been counted towards the H-1B cap. How To Avoid It? Mistake 3: Failure to Properly Determine Previous H-1B Status
  12. 12. DO YOU QUALIFY FOR H-1B VISA? Find out. VisaPro has developed a FREE Visa Eligibility tool.
  13. 13. Mistake 4: H-1B Filing Fee Errors  A common error made when filing the H-1B petition is in relation to the USCIS filing fees.  The H-1B Cap petition will be rejected if any required fees is not included, or is issued with an incorrect amount.
  14. 14.  Include a separate check for each filing fee. Do not combine the filing fees into one check. IMPORTANT: Verify that every single check, in the correct amount, has been included, and that the checks have been signed. Mistake 4: H-1B Filing Fee Errors How To Avoid It?
  15. 15. Mistake 5: Filing With The Incorrect Service Center  If an H-1B cap petition is sent to the incorrect USCIS Service Center, it is likely to be rejected.
  16. 16.  Cap-subject H-1B petitions must be filed at the correct USCIS Service Center depending on the jurisdiction of the H-1B beneficiary's work location(s), as specified in the petition. TIP: USCIS generally establishes specific mailing addresses for purposes of processing H-1B cap subject cases. Mistake 5: Filing With The Incorrect Service Center How To Avoid It?
  17. 17. Strict adherence to relevant H-1B filing requirements is essential to ensure that a petition selected in the H-1B lottery is NOT REJECTED OR DENIED due to incomplete or improper filing.
  18. 18. Does your firm have a strategy to overcome the FY 2016 H-1B Cap filing challenges? VisaPro attorneys helped clients' secure 100% success with FY 2015 H-1B Cap filings, i.e., 100% approval of all the selected petitions.
  19. 19. To help you improve your chances of H-1B lottery selection and approvals, We’re offering you a FREE FY 2016 H-1B Cap Filing Plan Consultation.
  20. 20. In the planning discussion, we’ll cover:  The most successful components of a H-1B filing plan that you should have in place  How to pinpoint your firm’s differentiators to frame the USCIS H-1B filing plan  How your H-1B Cap 2016 filing plans compare to competitors in your industry
  21. 21. About VisaPro VisaPro was established in October 2002 with a dream to provide exceptional U.S. immigration legal services at reasonable costs to companies and individuals around the globe and today we are proud to say that we have succeeded. VisaPro offers services in the following areas:  Investor and Entrepreneur Advisory Services  Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN  Investor Visas: E-1, E-2, EB-5  Green Cards  Employer Immigration Compliance
  22. 22. Washington, DC 1050 17th Street NW Suite 1000 Washington, DC 20036 New York 520 White Plains Road Suite 500 Tarrytown, NY 10591 1100 S Hope St. Suite 103 Los Angeles, CA 90015 Los Angeles Contact Us “I have had the pleasure of working with the staff at VisaPro. Their knowledge, professionalism and overall pleasantness made my job much easier. They assisted me every step of the way in applying for an H-1B Visa, I could not imagine getting through this process without them. I would highly recommend VisaPro to anyone applying for a Visa. I would most definitely use VisaPro again” Beverly Brawer, United States Luggage Company LLC