Essential Tips for H-1B Petitions, Inventory of USCIS Processing Priorities!

As one of the world's largest immigrant countries, the United States attracts thousands of foreign talent to work and study each year, and the H-1B work visa is an important springboard for many professionals. However, with the ever-changing policies and increasing number of applicants, the U.S. Citizenship and Immigration Services (USCIS) has become increasingly stringent in processing H-1B cases. Today, we'll uncover theIssues USCIS Focuses on in H-1B Casesthat help future applicants better prepare and respond.

First, let's take you through the timeline for filing H-1Bs in 2024.

H-1B Filing Timeline

March 1 to March 17, 2024

Clients provide basic information about themselves and their employers, and the firm helps to complete the electronic lottery registration.

March 18 to March 31, 2024

USCIS completes the lottery and applicants receive notification of winning the lottery.

April 1-June 30, 2024

• After winning the visa, prepare the documents according to the list of documents and send the scanned electronic version to the lawyer, who evaluates and confirms the documents and submits the LCA to the Department of Labor.
• Lawyers to fill out the relevant application forms and help write the employer's letter Petition Letter
• Issued to the company and the applicant to check the documents, the head of the company signs in the designated place and sends the original signature back to the lawyer
• All documents are submitted online according to immigration regulations

October 1, 2024

Earliest H-1 effective date

Knowing the basic timeline, let's discuss the question that is on everyone's mind, what are the issues that the USCIS is focusing on when processing H-1B cases?

01 Job specialization requirements

USCIS will first review whether the applicant's position actually requires a professional with a bachelor's degree or higher (or three years of experience in the corresponding industry if it is a specialized degree) to fill it. This means that the employer must provide sufficient evidence of the specialized skills and knowledge required for the position and why these skills and knowledge cannot be performed by someone holding a high school or equivalent degree.

The selection of the position is the most important part of the H-1B application, once the selected position has problems, then basically doomed to be rejected. Therefore, you need to listen to the advice of a professional attorney in this regard!

02 Salary level

H-1B petitioners must be paid at least the prevailing wage (Prevailing Wage), a point of great concern to USCIS. Employers are required to provide detailed wage reports demonstrating that the compensation given to the H-1B employee is in line with or above the average for the same area, industry, and position.

03 Authenticity of the employment relationship

The USCIS will scrutinize the employment relationship between the employer and employee to see if it is genuine and valid. This includes contracts, job descriptions, and any documentation that proves that the employee will perform professional work. False employment relationships or "shell company" applications are easily denied.

In some particular cases, the employee's degree may not appear to be closely related to the position at first glance, and it is necessary for the attorney to explain in detail how the employee is qualified for the position.

At the same time, for employees applying for a change of status within the country, the USCIS will also review the continuity of the employee's status.

04 Eligibility of employers

Not all companies are eligible to hire H-1B employees. The USCIS reviews the employer's track record, financial condition, and business substance to ensure that they have the ability and intent to hire foreign workers on a long-term basis. Newly formed companies or companies in poor financial condition may be scrutinized more closely.

Some people may ask if a small company makes it impossible to apply, but of course not! Even if the company is small, or even a startup, it is possible as long as it has a reasonable business. Of course, this type of application requires an experienced attorney to skillfully persuade the USCIS when writing the application letter.

05 Completeness and accuracy of materials

Last but not least, all submissions must be complete and accurate. Any omissions or errors may result in the application being delayed or denied. This includes proper completion of the application form, submission of required documents and consistency of all information.

Currently, USCIS officials are also stepping up their fight against H1B abuse through a number of means and ways, mainly including:

Employer eligibility screening enhanced

USCIS has increased its scrutiny of employers to ensure that companies filing H1B petitions have a legitimate operational need and a genuine need for specialized talent to fill specific positions. This measure is intended to discourage employers who try to abuse the system by filing fraudulent petitions.

Increased frequency of case audits

By increasing the number of random audits of filed H1B petitions, USCIS is able to more effectively identify and penalize abusive practices and protect the interests of compliant employers and petitioners.

Long-term follow-up and evaluation

For successful H1B visa applicants, USCIS will conduct long-term tracking to assess whether their employment status is as claimed in the application as a way to crack down on those who use H1B visas for illegal employment.

Publishing more information

In an effort to increase transparency throughout the H1B application process, USCIS is committed to releasing more information about the status of petition reviews and selections so that the public can better understand the process and criteria for allocating H1B visas.

Encouragement of public reporting

USCIS encourages individuals and organizations to report suspected abuses and work collectively to protect the integrity of this visa program.

The H-1B visa application and processing is a complex and detailed process. Understanding the priorities of the USCIS review can help applicants and employers better prepare their documents and increase the success rate of their visa applications. If you have any questions about H-1B visa applications, please feel free to consult with one of our professional immigration attorneys or consultants.