Ten Things You Need to Know about H-1B CAP Prep.

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The H-1B CAP season is upon us.  Besides urging companies to start early in their preparation to meet the April deadline, here are a few useful tips for HR Personnel to assure timely completion of the filing process.

  1. Set deadlines and be firm with completing tasks within that time. See Parkinson’s Law: “Work expands so as to fill the time available for its completion”
  1. Ensure all onboarding procedures (e.g. signing of the employment agreement) are out of the way in February.
  1. Make a checklist of the documents necessary for each H-1B candidate. Lots of documents are required and this small organizational step will help you keep track of them all in an efficient manner.
  1. Involve necessary management teams to ensure that you have the necessary information/documents required to substantiate the H-1B position.
  1. Account for the mandatory LCA processing wait time of seven days—this effectively eliminated last minute filings a few years ago.
  1. Account for mistakes in LCA processing, so allow time to be able to process a second LCA. Double wait time!
  1. Account for computer/printer/copier/scanner malfunction; have a contingency plan (g. using a third party copying service). USCIS does not make exceptions for untimely petitions.
  1. Make requisitions for filing fees early; petitions often miss the filing deadline while waiting for checks.
  1. Do not rely on the prospective employees to be timely in providing the necessary personal documents.
  1. The most obvious, but least utilized tip, reach out to immigration attorneys early in the process to help guide you. Thousands of petitions have crossed our desks over the years; we are an extremely valuable resource and just a phone call away.
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