H-1b Visas Are Still a Viable Option for Global Mobility. Let us Help! - Szew Law Group

H-1b Visas Are Still a Viable Option for Global Mobility. Let us Help!

 In Business Immigration, H-1B

In the current political environment we are in, with the enormous amount of Requests from USCIS we had last year, it is easy for companies to be discouraged choosing not to apply for any H-1bs this fiscal year.  Completely understanding why some companies would feel this way, I still believe that the H-1b is still a viable option for many US companies, and for some the only option. By not filing H-1bs this year, it sends a message to USCIS and the Federal Government that corporate America really does not need the international talent that we so desperately do. Therefore, instead of not filing, just be aware of some of the key issues that were raised by USCIS in their RFEs last year, and prepare for them in advance.  These are a few to keep in mind:

  1. Entry Level positions will likely be more difficult to get approved than positions that are found to be above entry level. With that said, many Requests for Evidence sent to petitioning employers this past year in 2017 focused on this issue of wage Level. USCIS argued that the job duties that were presented by the employer were either too complex to be considered an entry level position, or a position that is considered entry level is not complex enough to be considered a “specialty occupation” which is required in order to obtain an H-1b.
  2. Ability to pay the wage offered will be an issue for companies that are new, have few employees, or have a net income that cannot support the position being offered. Important to adequately prepare your petition to include sufficient evidence that the petitioning employer has the financial support to pay the wage that is offered.
  3. Smaller companies need to be sure that there is sufficient support within the company to perform duties that are administrative in nature. An H-1b nonimmigrant worker must be coming to the United States to perform duties in a “specialty occupation” not preforming administrative tasks. Therefore, if a company is small, be prepared to obtain an RFE that will question the actual duties of the employee, since there are arguably not enough other employees in the company to perform day to day activities that are administrative in nature.

There are no signs of this year being any easier than last year, but we can learn from what types of requests USCIS focused on last year and be that much more prepared.  If you would like us to evaluate your potential H-1b candidates please contact us as soon as possible.

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