Three Reasons to Evaluate your H-1B Employees before Online Registration

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The new H-1B registration process under myUSCIS goes live on March 1, 2020. Instead of filing complete petitions for every prospective H-1B employee, employers will now register their H-1B beneficiaries online – and only file completed petitions for those employees selected in the lottery. This system relieves companies of spending precious time and money on preparing petitions that aren’t selected. However, once the lottery runs, employers have a brief 90 days to complete H-1B petitions for selected individuals.

We strongly recommend that businesses evaluate prospective H-1B employees in advance to avoid delays, fines, and missed opportunities. Below are three crucial reasons you should work with an attorney as soon as possible to evaluate your prospective H-1B’s qualifications.

#1: Invest time into the Right Job Candidates

H-1B employees and their positions must meet US Citizenship and Immigration Services’ (USCIS) strict requirements for:

  • Specialty occupation: The work is so specialized and complex that a bachelor’s degree or higher is normally required as a minimum for entry.
  • Employee qualifications: The employee’s education or qualifications match those required by the position.
  • Salary: The prospective H-1B employee’s pay is commensurate with similar roles in the field, and the employer has the capacity to pay this salary.

It is important to work closely with your attorney to conduct a thorough investigation into whether your employee and position qualify for H-1B sponsorship before you register online with myUSCIS. After petitions are selected in the lottery, you’ll have 90 days to prepare and submit your petition. You’ll take up precious time and resources if you wait until that time to evaluate your candidate, and you may just find out they don’t qualify.

Your trusted attorney has the resources, knowledge, and expertise to evaluate whether the candidate and position meet the USCIS’s H-1B requirements.

#2: Avoid Submitting Unqualified H-1B Petitions

If you do not evaluate your employee’s qualifications before registering them, you may have an unqualified employee get selected in the lottery. Failure to file an H-1B petition for a selected candidate may trigger an investigation by USCIS, while knowingly filing a petition for an unqualified beneficiary may constitute fraud. Your Chugh, LLP attorney does the due diligence in advance so that you can avoid reputational harm.

#3: Save Money on Expedited Attorney Fees

If employers leave candidate evaluation until the last minute, they may very well have to pay expedited fees. If your employee is selected in the lottery and you have not already had your attorney evaluate their qualifications, your company may need to incur extra attorney fees to get the petition completely and accurately submitted within the 90-day deadline.

Conclusion

It may be tempting to register all prospective H-1B employees online before evaluating their credentials. However, this decision can end up draining vital company resources. Be sure to work with a trusted attorney to evaluate your H-1B prospects before registering them online at myUSCIS.

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