USCIS has declared that starting in 2020, H-1B petitions will be filed in a new electronic manner that streamlines the procedure.
Between March 1st and March 20th, 2020, employers essential register online to submit H-1B employees’ names into a lottery. Through an electronic selection procedure, receivers chosen will be given a registration number, through which they can submit full H-1B cap-business petitions. The application payment for the electronic lottery is $10, and full petitions afterward submitted by those nominated will need typical application fees that naturally range from $1,000 to $6,000.
There are profits and drawbacks to this new technique.
The stated reason of this system is to streamline the petition process, saving employers and beneficiaries time and money that would then be spent on making a petition that may have not even been choose in the lottery in previous years.
The disadvantage to this is many fear that this procedure will open up the lottery to an even better flood of registrants for the preliminary electronic lottery. There are systems in place stopping the system from accepting numerous applicants from the same petitioner, this lower cost and resource threshold to become into the lottery cause petition rates to skyrocket.
At the same time, this fear might be unfounded. Even if nominated for the H-1B lottery, applicants only have 90 days to complete the filing and, for those of us who have dealt with the timeline for responding an RFE, this can be an interval crunch. This does not leave time and incomes for candidates to wait until the last minute to make the whole petition that only those who are nominated can submit. Also, along with this efficient procedure, it is estimated that employers will be essential to deliver a detailed itinerary of the work the employee will be performance, the clients, and the locations, for the period of the H-1B visa. This load of proof has only better since 2017 and is estimated to continue to grow.
If you are arrangement on submitting an H-1B petition for physically, or for an employee or client this H-1B season, don’t let the efficient process lure you into waiting until the last minute to make the bulk of the finished petition. Due to the USCIS crackdown, it is directed to include an expert opinion letter in the original petition that advances weight to specialty occupation issues, wage level issues, and issues concerning the employer-employee relationship to reinforce the case and prevent an RFE or Denial. This letter must be written by an expert with extensive work knowledge in the field, and not someone who has basically inculcated in the field. Any education concerns must also be spoken in the initial petition with a credential estimate.
At TheDegreePeople.com, we work with problematic cases every year, and we work with our clients to recognize what additional evidence they will essential to strengthen their case and prevent any problems that are likely to arise from their unique situations.
Don’t wait to find out if you, or if your employee or client made the lottery, and absolutely don’t wait for an RFE or Denial to address faintness in the case
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