An employer looking to hire a foreign worker in a specialty occupation needs to file an H-1B petition. Once it’s approved, the professional you want to hire can enter the country and work for you in the specified position. However, you need to pay attention to all the steps you take to have a smooth experience.
It’s not uncommon for some employers to have a challenging process. Here are four common mistakes these employers may be making:
Providing insufficient documentation
When filing the H-1B petition, you should submit all the required documents. These include Form I-129, a certified Labor Condition Application (LCA) and evidence supporting the employee’s qualifications, including educational credentials, proof of experience or skills and letters of support or recommendations.
The U.S. Citizenship and Immigration Services (USCIS) has guidelines that provide details on the documents to submit. Review it to avoid providing insufficient documentation. This mistake can result in USCIS asking for additional documents, which can delay your case, or the department can deny your petition.
Incomplete or incorrectly filled forms
Confirm that you have filled every required field of all forms correctly. Submitting incomplete forms or forms filled incorrectly can lead to your application being rejected.
Not offering adequate wage
You must pay an H-1B visa worker at least the prevailing wage or the actual wage paid to workers in the same occupation in the geographic area the worker will be working, whichever is higher. If the wage included in your petition is inadequate, your petition can be denied.
Not including a clear job description
Provide a clear worker’s job description in your petition. Avoid ambiguity and include statements that explain how the job you are offering is a specialty occupation.
Filing an H-1B petition does not have to be complicated. Obtain more information to avoid mistakes that can negatively impact your application.