The 3 Most Common Issues with Filing for H-1B Work Visa Status

It is essential that you find competent immigration counsel early, navigate and complete your registration on time, and receive proper advice on what next steps should be.

We recently reviewed the reasons why retaining experienced immigration counsel is essential for  H-1B work visa status. An expert will guide you through this complex process, while also steering you away from common pitfalls experienced with this type of filing. Below we examine the 3 most common issues our clients face and how our team is equipped to handle them:

1. Navigating the H-1B Lottery & Deadlines

For cap-subject H-1B cases, there is a limited number of visas available. It is essential that you find competent immigration counsel early, navigate and complete your registration on time, and receive proper advice on what next steps should be -  an experienced immigration team like ImLaw will keep the filing on schedule and ensure accuracy throughout the process. Our attorneys can also advise on potential visa and green card options if one is not selected in the competitive H-1B lottery.

2. Understanding the Wage Requirements

One key aspect of the H-1B process is the strict guidelines for qualifying positions and salaries. Employers must be able to show that the offered salary for your position is higher than either the prevailing wage (as determined by the Department of Labor), or the actual wage being paid to similar employees. Our team is experienced with navigating H-1B wage requirements and will guide you through this process. If there are wage issues, the ImLaw team will explore options such as alternate wage surveys, part-time versus full-time wages, hourly vs. salary, and whether another occupational category is a better fit. 

3. Complying with Specialty Occupation Guidelines

H-1Bs are reserved for specialty occupations, which are positions that require the minimum of a bachelor’s degree in specified fields of study. Some examples may include accountants, architects, biologists, chemists, engineers, marketing specialists, software developers, and teachers. If your position does not qualify as an H-1B specialty occupation, you may waste valuable time and resources on an application that ultimately cannot be approved. At ImLaw, we carefully review the offered position and advise you on whether or not it meets the guidelines and the available options to explore if it does not appear to comply.

A good lawyer will identify these pain points immediately and help both the U.S. employer and candidate resolve any issues before you begin. We help remove barriers and identify concerns at the beginning of the H-1B process. Contact our team at info@imlaw.biz to get started.