The coming months are going to be crucial for H-1B petitioners and beneficiaries as they are set to unfold what’s in store for them. After months of hard work, patience and long wait, they will finally come to know whether their applications have been selected in the lottery and are on the verge of approval.
It seems likely that like recent years, the current year will also witness a dramatic increase in problems related to H-1B issuance that create obstructions in getting outright H-1B approval. At present, it is also not clear whether the H-1B beneficiaries will be entitled to RFEs or Denials in response to these concerns.
Last year, the situation was discouragingly grim for H-1B Visa aspirants. The U.S. lawmakers were given sweeping powers to reject H-1B petitions liberally. They were also empowered to turn down H-1B petitions without permitting RFE as a solution to the rejected applicants to appeal again. New regulations in the H-1B selection and decision process and a USCIS memorandum led to these changes, which fortunately, were not implemented very extensively.
However, even though times for H-1B applicants are tough, it is important to know that chances of getting the dreaded H-1B Visa Denial can be minimised. What applicants need to do is prepare themselves thoroughly well in advance. Ensuring that everything is perfect right from the basic H-1B eligibility requirements and checking every detail and issues goes a long way in securing H-1B visa successfully.
About Employer-Employee Relationship
If it’s a small business with which beneficiaries need assistance, they need to prove in the LCA that they are in a position to pay the required wages to H-1B workers and can sustain economic viability. Another crucial situation is when a beneficiary is an owner, founder/ co-founder or sole proprietor of a business. Here, it is mandatory for H-1B workers to have their work, wage and employment status under control of an employer to meet this requirement. Also, there is no scope for a beneficiary to self-petition for this visa. In this situation, the presence of a CEO or board of directors (not the same as the H-1B worker) to prove the existence of an employer-employee relationship to go ahead is necessary.
Significance of Wage Level
An H-1B employee needs to prove that the requirement of the prevailing wages for the position is fulfilled. Some of the key factors that play a pivotal role in influencing the prevailing wages include size of the company, industry standards and geographic location among others. Employees who are earning level one wages are particularly vulnerable in this context; they are most likely to experience H-1B related problems. If they are responding to an RFE or Denial, they need to clearly state all the factors that contributed to settling the wage level. An expert opinion letter that guarantees that the prevailing wage requirement has been fulfilled is also needed.
Aiming at Subject Occupation
It has been noticed that the RFE has spiked in prevalence and is being connected with wage level issues since the previous two H-1B seasons. Another predicament is an employee or a client’s job requiring a US bachelor’s degree or even higher. Further, a job requiring highly specialised skills also necessitates additional measures to be taken in order to overcome issues.
The solution is giving a detailed categorization of duties and tasks concerning the job. Providing information about advanced knowledge, skills and understanding necessary for the part will also be immensely helpful. It will also help if you can show that a US bachelor’s degree or higher is a minimum requirement for this job as an industry standard or as a company standard as certified in the advertisement for the job and trends followed previously while hiring. . An expert opinion letter should also be submitted to enhance authenticity and for analysis of documentation.
Academic Requirements for H-1B Jobs
A US bachelor’s degree or higher or its equivalent is now a crucial requirement for an H-1B beneficiary. In case of degrees of foreign educational institutes (such as the three-year bachelor’s degrees of Indian universities) proper credential evaluation is a must. It is also important to note that proper credential evaluation takes H-1B job into consideration and renders the required work experience conversions and detailed course breakdowns necessary to fill in gaps, if any, between the job and the degree. The reason is that the degree obtained must belong to the H-1B job field. If a degree has not been completed or if there is no college experience, work experience conversion authenticated by a professor who has the with the authority to convert work experience into college credit will be needed.
Applicants need to be very vigilant and bear in mind that in today’s scenario, even a minor discrepancy or an unusual situation can result in RFE or Denial. We at Averon Infotech have expertise in matters of RFE and Denial cases, which we attend to every year. If you are about to apply for an H-1B Visa, do consult us as we know the nuances of the entire procedure proficiently and can provide effective guidance. Please visit www.averoninfotech.com for a free review of your case, which will be provided to you within 48 hours