What Are Common Mistakes with the H-1B Visa Application?

Within the H visa category, the H-1B visa is specifically designated for temporary workers in occupations requiring highly specialized knowledge, and usually, at least a bachelor’s degree or equivalent in the specialized area. So while you may assume the United States is interested in your specialty skills for its workforce, this does not necessarily mean that your entry into the country is guaranteed. That is, the United States Citizenship and Immigration Services (USCIS) may swiftly deny your Form I-129, Petition for Nonimmigrant Worker, if it consists of the tiniest errors. With that being said, please follow along to find out the common mistakes with the H-1B visa application process and how one of the work visa lawyers at Lupton Law LLC can help you avoid making them at all costs.

How can mistakes with timing affect my H-1B visa application?

Of note, the USCIS sets a cap on the number of H-1B visas granted each year. As of 2023, this cap was 65,000 H-1B visas per fiscal year. While this may seem like a lot, it is important to add that the USCIS received approximately 483,927 H-1B visa applications within this fiscal year. This is all to say that you should not make the mistake of filing your application too late and missing the cap. Otherwise, you may have to wait a whole other fiscal year. This year, the lottery opening date was March 6, 2024.

What are other common mistakes to avoid making with my H-1B visa application?

To reiterate, the USCIS only approves a small number of the H-1B visa applications it receives per year. So you do not want one minor mistake within your application to jeopardize your already slim chances.

Firstly, you must understand that the H-1B visa application process requires equal effort from you and your petitioning employer. This may start with adequately establishing your relationship with your employer. So, by providing a copy of your contract for services, a statement from your employer, or any other evidence that you would truly be working for your employer upon your arrival in the United States. Otherwise, the USCIS may assume you are using this as a placeholder while you search for other jobs in the country.

Secondly, your petitioning employer must demonstrate that the offered employment requires specialized knowledge, education, and skills. So, they must be clear on the specific duties of the job position, along with proof of their history of only hiring candidates with relevant degrees.

Lastly, your petitioning employer must prove that they are equipped to sponsor you in the first place. That is, their United States company is real, established, and capable of onboarding you at an adequate pay rate. This may be exhibited through relevant tax documents and other financial statements. This is not to mention proof that their company is physically located in the U.S. to begin with.

This is all to say that when you are applying for an H-1B visa, you require the services of one of the talented work visa lawyers. So please schedule your free initial consultation with Lupton Law LLC today.