5 COMMON

H-1B CAP 2017

FILING MISTAKES:
FIND OUT
HOW TO AVOID THEM

With the FY 2017 H-1B quota expected to

run out in the 1st week of April 2016,
H-1B Cap presents
twin challenges to employers.

CHALLENGES
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.

In the rush to get H-1B petitions timely filed,

EMPLOYERS OFTEN COMMIT

AVOIDABLE MISTAKES
that can seriously affect the outcome of the case.

Find Out

5 COMMON

H-1B CAP FILING MISTAKES

&

How To Avoid Them

Mistake 1: Deficient Job Description

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

How To Avoid It?

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
employers business when considering if a job is in a
specialty occupation.

Mistake 2: FEIN Mismatch: Overlooking Possible

Delays in LCA Certification

If the iCert system does not recognize a

companys 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
How To Avoid It?

Early preparation and submission of LCAs 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
LCAs submitted during the H-1B cap filing season.

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, 2016.

Mistake 3: Failure to Properly

Determine Previous H-1B Status
How To Avoid It?

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.

DO YOU QUALIFY FOR H-1B VISA?

Find out.

VisaPro has developed a FREE Visa Eligibility tool.

Mistake 4: Selecting Incorrect

Start Date on Form I-129

Employers often commit fatal errors while

entering details in the Form I-129 including errors
related to start date, wages, or even using an

incorrect version of the form.

Using an outdated version of the Form I-129 may

result in the USCIS summarily rejecting the

petition.

Mistake 4: Selecting Incorrect

Start Date on Form I-129
How To Avoid It?

Verify that the H-1B Cap petitions are being filed

using the correct edition of Form I-129, and seek

a start date no earlier than October 1, 2016.
IMPORTANT: FY 2017 begins on October 1, 2016.

Requesting an H-1B start date earlier than October 1,

2016 in the Form I-129 will result in the petition being
rejected.

Mistake 5: Filing With The Incorrect Fee or

At The Incorrect Service Center

A common error made when filing the H1B

petition is in relation to the USCIS filing fees and
filing location.

The H-1B petition will be rejected if any of the

required fees is not included, or is issued with an

incorrect amount, or is sent to the incorrect USCIS

Service Center.

Mistake 5: Filing With The Incorrect Fee or

At The Incorrect Service Center
How To Avoid It?

Include a separate check for each filing fee. Verify

that every single check has been signed and
included in the filing package.

Verify that the petition will be sent to the correct

service center.
TIP: USCIS generally establishes specific mailing addresses

for purposes of processing H-1B cap subject cases.

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.

Does your firm have a strategy to overcome

the FY 2017 H-1B Cap filing challenges?
VisaPro attorneys helped clients' secure 100%
success with FY 2016 H-1B Cap filings, i.e.,
100% approval of all the selected petitions.

To help you improve your chances of H-1B lottery

selection and approvals,

Were offering you a

FREE FY 2017 H-1B Cap Filing Plan Consultation.

In the planning discussion, well cover:

The most successful components of a H-1B filing plan

that you should have in place

How to pinpoint your firms differentiators to frame the

USCIS H-1B filing plan

How your H-1B Cap 2017 filing plans compare to

competitors in your industry

About VisaPro
VisaPro is one of the leading immigration law firms in the U.S.
Over the years we have helped clients from over 50 countries in
obtaining work visas, family visas, investor visas, startup visas
and green cards.

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

Contact Us
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Tarrytown, NY 10591

I am so grateful for VisaPro's help in getting an H1-B visa put into place for a
highly valuable new hire. I honestly don't know what I would have done if it
hadn't been for the help of [VisaPro] Case Manager. He was able to patiently
and clearly explain each stage of the process, was very responsive throughout,
and was really a pleasure to work with. If we ever go through this process
again, I know I will be calling VisaPro for help.
Jen Mooney

J2 Interactive, LLC