Top Mistakes to Avoid When Filing H1-B Visa Petitions

Visa Stamp on PassportHaving foreign, qualified workers work for you could be an excellent advantage to your business. However, there are some common mistakes sponsor employees make that could easily hinder their prospective employees’ H1-B visa status.

Additionally, these errors could result in you paying hefty fines or being banned from filing petitions in the future. Below are these common mistakes:

Submitting an Inadequate Job Description in the Application

As a sponsor, you must clearly establish that the employee’s position is specialty work or something that requires the worker to have an advanced degree, bachelor’s degree, or something similar, in a particular field.

Not Filing a Labor Condition Application or LCA

Before filing your petition, you should file an LCA first with the DOL or Department of Labor. Take note that you must likewise submit a new one if there are changes to your employee’s earnings, duties, or job site.

Paying Incomplete or Inaccurate Filing Fees

If your petition concerns a new cap-subject HI-B visa, you’re required to pay the following fees:

  • $325 filing fee for the USCIS
  • $750 fee for the American Competitiveness and Workforce Improvement Act or ACWIA if you have 25 and below fulltime employees or $1,500 if your employees exceed 25. Fees are waived for qualified educational institutions and non-profit organizations.
  • $500 fraud detection and prevention fee

You’d also need to pay $2,000 more if your employees exceed 50 and half of them have L-1 or H1 visa status, adds Buhler Thomas Law, P.C., an immigration law firm in Utah County.

Not Conducting an LCA/H1-B Internal Audit

To make certain that you’ve complied with every USCIS requirement and avoid issues with the USCIS audit, it’s best that you let an immigration lawyer evaluate your documents, files, and procedures as well as take a look at your workers’ job site and office.

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Failing to Pay Accurate Wages

It’s your responsibility to pay your foreign employees the same or higher wage than the standard rate, cover unproductive time, and provide the same benefits your American employees enjoy, among many others.

As you can see, with adequate preparation and diligence, you could easily prevent yourself from making these common mistakes. If you don’t want to jeopardize your potential employee’s chances of acquiring an H1-B visa, consult an experienced immigration attorney to help you with your petition.