Here are our top five tips for H-1B filing:
- Your H-1B petition must be ready to be filed by April 3rd, 2017. It’s crucial to start preparing now. Don’t delay!
- Your position must relate to your educational credentials. The H-1B requires at least a bachelor’s degree or its equivalent. That education must be related to the job you will perform in the United States.
- Check if you have been previously counted under the H-1B cap. This is one way to circumvent the cap. We are currently using this strategy with a few foreign nationals who have an H-1B from a previous filing and have not exhausted the six-year maximum.
- The petitioning employers must show they can pay the prevailing wage. This is the average wage paid to similarly employed workers in the requested occupation in the area of intended employment. Be prepared to show evidence of the prevailing wage based on the minimum requirements for the position.
- Premium processing will not increase your chances of being selected in the lottery. Generally, I strongly recommend using the premium option because it can provide you with significant peace of mind, premium adjudication, and some control over your immigration case.However, in the case of the H-1B lottery process, premium processing should be considered and used strategically. It is not recommended in some cases. Speak with your attorney about the pros and cons of using premium processing during the H-1B lottery.