Subscribe for bLAWg
updates via email

Past Articles

Back to blawg »

H-1B Visa Reminder

Share |

With H-1B filing season upon us as of April 2, 2018, we take this opportunity to remind you that the H-1B cap is expected to be reached during the first week of April.
Engineering, healthcare, high tech, energy, finance, colleges/universities frequently benefit from employing H-1B Visa holders. Often times the foreigner is already working for an employer in OPT status. Working with an experienced immigration practitioner in advance to address both your strengths and weaknesses, is your best strategy. Here are some tips that we highly recommend be incorporated in your H applications this year:
1) A detailed brochure and description of the employer's products or services and why you require a professional with a bachelor's degree or higher to perform the offered position. Include promotional materials, press releases or news articles to illustrate the nature of the business, new trends and growth factors;
2) Including a copy of your corporate tax return or financial statements may be appropriate;
3) Explain in detail why the position cannot be performed by an employee who lacks a Bachelor's Degree: Is it a standard requirement in your industry? Provide details such as examples of work to be done that relates to the complexity of the position;
4) Providing a real, detailed job description with the percentage of time spent on the duties of the position may be helpful. Further, explain any discretionary judgment that the employee will have in their job and other such areas of responsibility that are demanding or highly advanced;
5) Provide evidence that you have a current and past practice of hiring bachelor's degree employees for the open position;
6) IT and staffing agencies must be prepared to evidence the "employer-employee relationship" in H-1B offsite placement work situations by clearly evidencing the employer's ability to "hire, pay, fire, supervise, or otherwise control the work of the employee.” 
These are just a few suggestions to think about as you consider filing an H visa application. Again, we emphasize that planning in advance for your application is imperative. Give us a call to discuss your need for an H Visa application for the individual currently working for you or who wants to work for your company to move it ahead successfully. We can strategize and lead to the best result for you.  It’s what we do!
Filed under:H-1B Visa, Immigration Law