H-1B Petitions – How to Prepare for April 1 Filings

It’s H-1B season again. The beginning of a new year and less than 3 months from the first date that USCIS will accept new H-1B petitions on April 1, 2012. It’s time to prepare your H-1B.

The immigration attorneys at Romben Law, APC have been receiving many phone calls from potential H-1B employers and H-1B job seekers in preparation of filing H-1B petitions in April and early summer. Let’s review some of the H-1B basics:

• The job offer must be for a position which requires specialized knowledge in a certain field.
• The employer must be ready to detail the job duties and have evidence ready in case of a Request for Evidence (RFE) if the USCIS questions whether the job requirements are an industry norm
• The employer must be willing and able to pay the prevailing wage for the occupation
• The employee must be able to show that he or she has status until October 1, 2012 or leave the US and apply for an H-1B visa abroad before re-entering
  Although these are the general requirements for an H-1B petition, this is enough for an experienced immigration attorney to begin assessing your case for strengths and weaknesses. The attorneys at Romben Law, APC are often consulted several times before an H-1B applicant and employer are ready to begin the process. If you have questions about your specific job offer or your qualifications for an H-1B, call the business immigration attorneys at Romben Law, APC for a consultation. —ecf