H-1B Cap - The Ten Day Commitment

April 1st is just around the corner, which means…It’s time to start the H-1B process! This year, there is no time for hesitation. The H-1B cap was reached within the first week last year, and this year will likely see an even higher demand. Thus, it is essential that when the U.S. Citizenship and Immigration Services Processing Centers open their doors on April 1st, your H-1B petition is on their welcome mat.

If you are an employer seeking to hire a foreign worker, you should be making final determinations about the position they seek to fill, the proffered salary and the foreign worker they wish to hire. If you are a foreign national seeking H-1B sponsorship, you should pinpoint your prospective U.S. employer(s) and gather the necessary documentation, keeping in mind that all supporting documentation must include a certified English translation. To ensure your petition is properly filed, contact an experienced immigration attorney now to give yourself time to perfect your case.

Having filed thousands of H-1B petitions, the Law Firm of Shihab & Associates has mastered the art of skillful and efficient filing. With your full cooperation, our team is able to complete your classic H-1B petition from start to finish in 10 days.

From our hands to the USCIS Processing Center’s doorstep, here is a breakdown of our 10-day commitment to you:

Day 1: Hit the Ground Running

Our Collaboration with U.S. Employers on Day 1.
On the first day that your case is opened, we will create your case file. Your case file is made up of the information that you are able to provide to us on Day 1. In order to hit the ground running, you should at least be prepared to provide us with the proposed position title, a detailed job description and the proffered salary. Using this information, we will determine the appropriate Standard Occupational Classification (SOC) Code and occupation title to be used on the Labor Condition Application (LCA). In addition, we will confirm that the proposed salary complies with the prevailing wage requirements.

Once the job title and salary are finalized, we will draft an internal posting notice for you to post in compliance with the federal regulations. As soon as you confirm with our team that the notice has been posted in compliance with the federal regulations, we will file the LCA with the U.S. Department of Labor (DOL). It typically takes the DOL seven (7) days to certify the LCA. However, if this is your first time filing for a foreign worker, you must first have your Federal Employer Identification Number (FEIN) verified by the DOL’s Chicago National Processing Center. This process usually takes about three (3) days and should be completed prior to filing the LCA to prevent the possibility of denial due to an unverified FEIN.

Our Collaboration with Foreign Workers on Day 1. If you are a foreign worker seeking an H-1B visa and you have a degree from a foreign university, a foreign academic equivalency evaluation will be required. Although this process usually takes between three (3) and five (5) business days, it is a good idea to send the request to an evaluator on Day 1 to guarantee that it is received by the time the H-1B petition is ready to be mailed to USCIS. Thus, if a foreign academic equivalency evaluation is required, you should be prepared to provide our team with your academic credentials, including the diploma and transcripts (“marksheets”) from the foreign academic institution. As soon as we receive these documents, our team will request a foreign academic equivalency evaluation.

Days 2 – 8: Team Spirit

While waiting for the DOL to certify the LCA, we work closely with employers and foreign workers to ensure that we have received all required supporting evidence to be submitted with the H-1B petition packet. Together, we will form a team whose success is dependent upon the cooperation of each team member.

Our Collaboration with U.S. Employers on Days 2-8. Depending on the case, you will need to provide additional evidence to support the H-1B petition. Our team will review your case and provide you with a detailed list of the evidence necessary to submit your H-1B petition. Sometimes, your case will only require minimal supporting evidence. Other times, you will need to provide ample evidence to support your petition. For instance, when foreign workers are placed off-site or at an end-client location, you will typically need to provide, among other documents, contracts with end-clients, itineraries of services, purchase orders, employment agreements, offer letters, organizational charts and other evidence to prove that an employer-employee relationship exists between you and the foreign worker. Thus, working together as a team is essential to guarantee that we are including the necessary supporting evidence for your H-1B petition.

Our Collaboration with Foreign Workers on Days 2-8. Similarly, the supporting evidence needed from foreign workers depends on the case. However, you can expect to at least have to provide a standard list of documents. After reviewing your case, we will send you a list of documents that must be submitted with your H-1B petition packet. You should be prepared to submit identifying evidence, such as a copy of your passport pages, evidence that you are qualified for the position, including your academic credentials, and evidence of your status, such as your most recent I-94 (if you are currently in the U.S.) or any prior approval notices from the USCIS.

If any dependents will be filing with you, you will need to provide evidence of their identity and status along with evidence of your relationship to them, such as marriage certificates and birth certificates. As noted above, if any of these documents are not in English, a certified English translation will be required. Again, keep in mind that this list is not meant to be comprehensive and the facts of your particular case will dictate the required evidence.

In addition, you will be asked to complete an online questionnaire in our Client Portal. This information is important because it not only enables us to complete the required forms to be submitted to the USCIS, but it also ensures that we are not missing any important information in your case and enables us to catch any anomalies that might need to be handled prior to submitting your H-1B petition.

Behind the Scenes. Once we receive the necessary information from you, we will begin completing all required forms to be submitted to the USCIS. We will also be drafting a detailed letter in support of your H-1B petition.

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