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 degreefrom a U.S. nonprofit university as long as all degree requirements
were completed before April 1
- Ensure a close match between thecourse of study and job duties
- Apply concurrently for optionalpractical training (OPT) or STEM OPT and H-1B
- Apply for “consularnotification,” not change of status, to preserve OPT if OPT
lasts beyond October 1
- Apply for “change ofstatus” if OPT expires before October 1 to preserve work
eligibility under “cap gap” policy, but avoid travel
- Choose O*NET code and wage levelcarefully
- If more than one field of study couldqualify 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 and
qualifies as a “specialty occupation”
- Consider other visa options if youremployee is not selected in the H-1B lottery
- Check the USCIS website for changesto form, fee, and filing location
The Department of Homeland Security (DHS) published a notice of
proposed rulemaking on December 3, 2018, that would require
petitioners seeking to file H-1B cap-subject petitions to first
electronically register with USCIS during a designated registration
period. USCIS said the proposed rule would also reverse the order
by which the agency selects H-1B petitions under the H-1B cap and
the advanced degree exemption, with the goal of increasing the
number of beneficiaries with master’s or higher degrees from
U.S. institutions of higher education to be selected for H-1B cap
numbers and introducing “a more meritorious selection of
beneficiaries.” It is unclear, however, if the rule will be
finalized and implemented in time for the start of the H-1B filing
season on April 1.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.