Last Updated on March 2, 2023
Begin to prepare your H-1B cap petitions early, and you’ll learn that there are many steps – some that could take more time than you thought necessary. The various pieces that make up the H-1B cap petition are each, in their own way, critical. There are some H-1B cap petition essentials, however, that should not only be overlooked but should be given careful attention by petitioners. Here are some of the H-1B cap petition essentials:
The LCA
The Labor Conditions Application (LCA) is a required part of the H-1B petitioning process. This is one of the first steps of preparing an H-1B cap petition, since it sets the scene for your H-1B employee. The LCA, which contains information on the work location, job title, the nature of the job, and the prevailing wage of the same position offered at that location. This information helps USCIS determine that your company is providing working conditions and pay to your H-1B employees that are fair and equal with others in similar locations doing similar work.
The job description
The job description for the prospective employee you’re hoping to sponsor on an H-1B visa is another critical piece. Too many organizations spend too little time and care on this small part of the recruitment process, but often that’s been proven as a mistake. The job description, first of all, shows that you have a critical business need, which you’re looking to hire someone to fill. It essentially maps out the employee’s duties at your company, and this task actually becomes vitally important in the cap petition review and beyond. A scrupulous adjudication can easily spot (and often has) vague or unnecessary duties in a job description. If your job description doesn’t match the duties that your employee does or will perform, that could cost you employment or result in you being found noncompliant. Increasing your chances for a successful cap petition, and staying compliant the entire duration of your foreign national employee’s term, means taking the time to go through each step with care.
Site visit readiness
Preparing your organization for site visits and for USCIS audits is an important part of getting your H-1B cap petitions in order. The H-1B visa has been under tough scrutiny from USCIS and the Trump administration. This year alone, there have been numerous memos surrounding H-1B visa processes. The agency has made it clear that companies that employ H-1B visa holders will not only have petitions reviewed more closely, but that they will also see increased site visits. As of November 15, 2017, new legislation passed the first step in House approval to tighten restrictions on this visa even further and prevent abuse.
Interested in learning more about H-1B cap petition essentials? Mark November 30 on your calendar and join us for our webinar, Staying Compliant During the H-1B & PERM Process.
