Important Reminders for Employers Before Filing H-1B Visa Applications

Important Reminders for Employers Before Filing H-1B Visa Applications

The filing for 2017 H1B visa applications begins on April 1, 2016, and because allocated spots are filled so quickly, employers need to be certain their applications are correct so approvals are not delayed or denied.

Here are some things you need to remember when filing an H1B visa application:

Validating FEIN — your Federal Employer Identification Number (FEIN) must be validated by the Department of Labor if you have not filed a labor condition application since 2008. This process usually takes three days. If you are unable to locate the documents necessary for FEIN validation, your bank can provide the necessary information.

OES/SOC Code — every employer of an H1B employee must pay the prevailing wage for that position. Part of the process of determining the prevailing wage is choosing the proper occupational code for the position. If you are applying for specialty occupations that may not be classified as professional — i.e., those requiring a bachelor’s degree — the USCIS may issue a Request for Evidence. If an employer chooses an Occupational Employment Statistics/Standard Occupational Classification (OES/SOC) code that doesn’t appear to match the position, the USCIS may call this into question.

LCA Notice — before filing an H1B application, a labor condition application (LCA) — which attests to the wages and working conditions of the H1B employee — must be certified. Employers are required to post the LCA or a posting notice containing the required information at the employer’s location. This notice must be posted for a minimum of 10 business days, and the employer is required to document when the notice was posted and when it was removed.

Education/Equivalency Requirements — H1B applicants must either have a bachelor’s degree in their specialty or a U.S. degree equivalency. A degree equivalency can be obtained if the applicant has 12 or more years of experience in their field, since the USCIS uses a 3-for-1 rule of equivalency (3 years of experience = 1 year of degree).

A Florida immigration lawyer can help you understand the process for obtaining visas to visit, work and conduct business in the U.S. Contact one of the experienced Florida immigration attorneys at Jurado & Farshchian, P.L., at (305) 921-0440, or email us at info@jflawfirm.com.

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