Master H-1B Success Immigration Attorney's Secret Filing Tips
Key Filing Tips from Immigration Attorneys
Experienced immigration attorneys have honed strategies that can significantly improve your H-1B visa application's success rate. Here are some of their top tips:
1. Timing is Everything
The U.S. Citizenship and Immigration Services (USCIS) starts accepting H-1B petitions on April 1st each year. It's essential to prepare your application well in advance. Attorneys recommend starting the process at least six months prior to the filing date to ensure all documentation is complete and accurate.
2. Detailed Job Descriptions
A precise and detailed job description is critical. It must clearly demonstrate that the position requires a specialized skill set and that the candidate possesses the necessary qualifications. This clarity helps in establishing the legitimacy of the specialty occupation.
3. Labor Condition Application (LCA) Compliance
Before filing an H-1B petition, employers must submit an LCA to the Department of Labor. The LCA ensures that the foreign worker will be paid the prevailing wage and that their employment will not adversely affect the working conditions of U.S. workers. Attorneys emphasize the importance of accurate wage determination to avoid application denial.
4. Strong Supporting Documentation
Supporting documents, such as degrees, professional certifications, and letters of recommendation, should be meticulously organized and submitted. Attorneys often assist in compiling a comprehensive portfolio that underscores the candidate's qualifications and the necessity of their role.
5. Consider Premium Processing
For those seeking expedited processing, the USCIS offers a premium processing service for an additional fee. This service guarantees a decision within 15 calendar days, which can be beneficial for time-sensitive cases1.