Immigration Lawyer Blog
0:18 – Tip number 1: Make sure make sure that your education matches the job that you’re applying for.
1:08 – Tip number 2: Make sure that the job itself requires a degree.
1:50 – Tip number 3: Understand what is the salary that is required to be paid for this position.
2:38 – Tip number 4: Make sure that the application that is filed is highly organized.
3:55 – Tip number 5: Send the application to the correct address.
In this video attorney Jacob Sapochnick discusses his top tips for filing a successful H-1B visa this H-1B season.
Remember that USCIS will begin accepting H-1B petitions subject to the FY 2019 cap on April 2, 2018. The filing period is expected to end on April 6, 2018.
Step One: Make sure your education matches the job duties required by the employer who will be sponsoring your H-1B petition. If your degree is unrelated to the position, you will not qualify for the H-1B visa, unless you have extensive work experience directly related to the position. It is very difficult to gain approval if your degree is not related to the position you will be filling.
Step Two: Make sure that the job position you are applying for requires a university degree. If your position does not require a university degree, then the position will not work for H-1B filing purposes. To determine whether your position requires a degree, please click here.
Step Three: Make sure you understand what the salary is that is required for your position before you file for the H-1B visa. Your employer must be willing to pay you at least the level one wage for your position also known as the prevailing wage. For some positions, paying more than the prevailing wage is recommended. To determine the prevailing wage for your position based on the location of the place of employment please click here. If your employer cannot afford or is not willing to pay you at least the prevailing wage, then your petition will not be successful.
Step Four: Make sure the application is well organized with supporting documents demonstrating that you qualify for the position based on your academic credentials and experience, and to prove that the job is complex enough to qualify as a specialty occupation. Please note that filing fees must be paid by the employer in an H-1B application with separate checks for each filing fee. If there is one mistake in the amounts of the filing fees or you lump the amounts together in one check, your application will be rejected by USCIS and you will not be selected in the lottery even if your qualifications are in order.
Step Five: Ensure that you send the application to the correct address. Read the form instructions very carefully to determine whether you must send your application to the California Service Center or Vermont Service Center. Click here for more information.
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