Tips for preparing for the FY 2019 H-1B CAP Season


The United States Citizenship and Immigration Services (USCIS) will be accepting H-1B CAP petitions for the federal fiscal year 2019 on April 2, 2018.

The H-1B classification is reserved for “specialty occupations” which is a non-immigrant visa. Immigration regulations allow for an individual to remain in the United States in this status for, up to three years initially and then renewable for three more years, a total of six years.

The H-1B quotas for FY2019 are capped at 65,000 petitions in addition to 20,000 petitions for those beneficiaries with advanced degrees from a U.S. college or university.

The following are a few points to be considered before filing a H-1B lottery petition:

  • Petition needs to be timely filed
  • Start gathering documents well ahead of time (preferably by February)
  • Employers must check if the foreign worker has been previously counted against the cap
  • The specialty occupation must be related to the H-1B worker's degree
  • Ensure that Beneficiary will be able to perform work on October 1, 2018
  • Ensure that all questions are consistently answered and all the accompanying documentation is in order
  • Check the prevailing wage (PW) requirement, if the salary is designated as PW Level 1 (e.g. entry level), allocate additional time for case preparation
  • Answer correctly and consistently. One of the most common errors of inconsistency for H-1B filing relates to Occupation Code. E.g. Business Analyst comes under Management Analyst as well as Computer Systems Analyst Occupation and both have a different job code
  • If the company is filing its first H-1B, get its FEIN (tax ID number) verified as soon as possible, as the verification takes additional time to get processed
  • The USCIS will not make assumptions about what the petitioner really intended if it is not clear on the face of the documents submitted
  • H-1B petitions must be filed either at Vermont or California Service Center, depending on the jurisdiction.
  • Include the correct filing fees
  • Employer can also file a cap petition with premium processing (a guaranteed fifteen-calendar-day response time) service by paying an additional fee of $ 1,225
  • Use Bonded Couriers for Delivery to the USCIS Service Center.

The following delivery methods are acceptable:

  • United States Postal Service
  • Private Couriers that are bonded (DHL, Federal Express, and United Parcel Service.)

Keywords: H-1B, Cap, Petition, FY 2019



Disclaimer

The Bar Council of India does not permit solicitation in any form or manner. By accessing this website you acknowledge that you are seeking information of your own accord. This site (lawquestinternational.com) and contents available on this site should not be construed as an attempt to establish a lawyer-client relationship in any manner of whatsoever nature. LawQuest does not assume any responsibility for any acts or omissions arising from the use of information or updates provided on this website and visitors to this site are advised to seek legal advice from any independent and competent counsel of their choice before proceeding to act on any information provided herein. This website is for informational purpose only.