Frequent Mistakes that Lead H1B Visa Application to a Dead End

The annual H1B visa filing season is just around the corner. Like hundreds of thousands of other aspirants, you must be preparing to meet all necessary H1B visa requirements. However, it is highly probable that you will unknowingly commit some common mistakes in the process. At the same time, the employer filing H1B visa sponsorship for you may also make a number of mistakes leading to application denial. Most of these mistakes are easily avoidable, provided you are aware of them in advance.

Applying to Employers who do not sponsor H-1B’s

Not all companies or employers from the U.S. sponsor H1B visas. Many applicants are devastated when they find out a company with whom they applied, appeared for the interview and got the offer letter from doesn’t offer H1B sponsorship. So much time and effort wasted on a non-viable job opportunity. Avoid this situation by searching for potential employers in the H1B visa sponsors database.

Submitting a Non-US-style Resume

Once you find the potential H1B visa sponsors, the next step is to submit your resume seeking job position in their companies. Many foreign candidates make the mistake of creating a resume which doesn’t match the usually accepted professional resume style in the USA. Everything, from presentation and details to formatting, should be according to the prescribed style to increase the chances of getting considered.

Beginning the Job Search Too Late

Considering that the H1B petition filing begins on April 01 every year, many aspirants keep on postponing the search for H1B sponsors. Ideally, you must start applying for the job positions with the potential H1B sponsors before January so that you are recruited between January and March. This would allow your employer enough time to prepare for H1B petition filing.

Filing Duplicate Petitions

USCIS in 2018 adopted a new regulation according to which the H1B visa approval would be denied or revoked if related entities (parent company, affiliates or subsidiary companies) of the same employer file multiple petitions for the same foreign worker. The regulation also prohibits one employer from filing multiple petitions for the same foreign worker for different jobs or positions in the company.

Inappropriate Job Description

Your H1B visa sponsor intends to hire you for a position that falls in the category of a specialty occupation. The same should be clearly reflected in the job description provided in the H1B visa petition filed with the U.S. Citizenship and Immigration Services (USCIS). The USCIS would delve deep into analyzing whether the job duties associated with the specific position are in sync with the employer’s business or not. The job description, thus, must confirm the job’s qualification as a specialty occupation.

Messing Up with Dates

For the increased chances of H1B visa approval, it is important to follow the H1B visa timeline religiously. So, your employer:

  • Should not send the H1B visa application form before April 01
  • Should send the H1B visa application before the petition filing window closes
  • Should not mention the H1B visa start date earlier than October 01

Unregistered FEIN

Many new employers, who file H1B petitions for the very first time, are not aware of the requirement that their Federal Employer Identification Number (FEIN) must be registered with the Department of Labor (DOL). Due to this, the Department may fail to recognize the FEIN, ultimately leading to the delay in filing H1B petition.

Missing LCA

Just like unregistered FEINs, many employers are also unfamiliar with the important requirement of submitting a Labor Condition Application (LCA) to the DOL. The LCA describes the job standards like the intended wages, job duties, working conditions etc. The fact is that the LCA must be submitted much before the H1B application process begins. Failing in obtaining LCA approval from the DOL on time, the employer is not eligible to file the H1B visa petition.

Filing Petition at the Wrong Center

There have been many instances in the past when the H1B visa application was rejected due to submission at the wrong USCIS Service Center. You must note that the petition must be filed at the right service center according to the location of the employer’s head office.

Incomplete Fees

Make sure that your sponsor employer knows in details about the 3 H1B visa filing fees. These include $460as USCIS filing fee, ACWIA fee of $750/$1,500 in case the employer has 1-25/more than 25 employees and $500 as fraud prevention fee. Also, the employers (with 50 or more employees) who have 50% of employees under H1B or L-1 status must pay an additional fee of $4,000.

H1B Fees Paid by Foreign Workers

The H1B petition filing and processing fees are to be paid by the sponsor. If a foreign worker pays the fee, it would not only lead to petition rejection but may also call for legal proceedings.

It is important that the sponsoring employer and the beneficiary employee work together to prevent these mistakes. The additional guidance from an H1B attorney can further help you in this direction.