The Ultimate H-1B Petition Checklist for Employers: A Comprehensive Overview

For foreign nationals with professional skills who wish to work in the US, the H-1B visa is a highly sought-after path.  Employers who sponsor an H-1B candidate can outperform the competition by attracting top talent from around the globe. The H-1B petition process is known for being extremely difficult and technical. Our comprehensive checklist provides employers with all the information they need to navigate the H-1B maze with confidence. 

Step 1: Decoding Eligibility – Is the H-1B the Best Option for You? 

Consider whether the H-1B visa is really the best choice before moving further. The “specialty occupations” covered by this visa include professions that require:  

• A high degree of theoretical and practical knowledge: Consider jobs that call for specialized education or graduate degrees.
   
• • Doctor 

• • Lawyer 

• • University Professor

• A specific body of specialized knowledge: The position should require specialized knowledge that is hard to come by in the US workforce. 

• • Engineer 

• • Financial Analyst 

• • Computer Scientist
    

Step 2: Job Description – Developing an Appealing Case 

You can persuade US Citizenship and Immigration Services (USCIS) of the position’s specialist nature through the job description. It is important to note this:  

• Detailed duties and responsibilities: Describe the particular duties, equipment, and technology needed.

• Required skills and qualifications: Emphasize the advanced training and experience required to succeed in the position.

• Educational requirements: Indicate the required minimum degree or equivalent work experience.
  

Step 3: Establishing the Wage Standard through Labor Condition Application (LCA) 

The LCA is an essential step in proving that hiring a foreign worker will not negatively impact the pay and working conditions for American workers.  This includes:  

• Prevailing wage determination: Use government tools to find the average income for the particular position and area. The offered rate must equal this prevailing wage or more.
  

Step 4: Your Candidacy Showcase – Form I-129 Petition and Supporting Documents 

Your official petition to USCIS on behalf of the H-1B candidate is Form I-129.  Compile supporting documentation to support your argument:  

• Candidate’s qualification: Resumes, transcripts, certifications, and proof of extraordinary competence in the specialized field should all be included.

• Educational credentials: Provide translated versions of international degrees along with assessments confirming their degree comparability with US degrees. 

Step 5: Processing Fees and Filing Petition – Addressing the Formalities 

After everything is put together, filing is necessary! Everything you should know is listed below:  

• Filing deadlines: H-1B petitions must be filed within a certain window and are subject to annual quotas. Be ready to act quickly.

• Government fees: Both the Form I-129 and the LCA have related filing fees. Get familiar with the current prices.
  

Step 6: Request for Evidence (RFE) and Response – Prepare to Answer All Possible Concerns 

For clarifying certain aspects of the petition, USCIS may request additional evidence (RFE). Be ready to answer their individual questions in a timely and thorough manner.

Step 7: The Final Stretch – Approval of Petition and Application for Visa 

The H-1B candidate can proceed with submitting their individual visa application with a US Consulate or Embassy overseas if their petition is approved. 

Bonus Tip: Get Expert Guidance from Legal Counsel 

Understanding immigration law can be difficult.  You can increase your chances of success by ensuring a seamless and effective H-1B petition procedure by speaking with an expert immigration attorney. 

Wrapping It Up

Keep in mind that this checklist is just the beginning.  The rules for H-1B visas can change depending on the situation.   See the USCIS website or speak with an immigration lawyer for the most recent details and professional advice. You’ll be able to successfully handle the H-1B petition process and draw in the top foreign talent your company needs to succeed by adhering to these stages and maintaining organization.