10 H-1B Tips For Employers

Alliance of Business Immigration Lawyers (ABIL) attorneys recommend that employers assess their need for H-1B employees and begin working on their H-1B petitions now. Filing season is expected to open April 1, 2019, for fiscal year (FY) 2020 cap-subject H-1B visas. Annual demand typically far outstrips availability, so the visas are snapped up immediately.

ABIL recommends the following ways for employers to maximize their H-1B chances:

Apply based on a master's degree from a U.S. nonprofit university as long as all degree requirements were completed before April 1 Ensure a close match between the course of study and job duties Apply concurrently for optional practical training (OPT) or STEM OPT and H-1B Apply for "consular notification," not change of status, to preserve OPT if OPT lasts beyond October 1 Apply for "change of status" if OPT expires before October 1 to preserve work eligibility under "cap gap" policy, but avoid travel Choose O*NET code and wage level carefully If more than one field of study could qualify a person for the position, explain task by task how the position requires the education Be careful of Level 1 wages. Instead, obtain an acceptable prevailing wage from a legitimate source other than the Department of Labor, offer to pay a higher wage from the outset, or explain why this particular job is both entry level...