Contact Information
Law Offices of Kamlesh Tewary

Main Office
1974 State Route 27
Edison, NJ 08817
Ph: (732) 287-0080
Fx: (732) 287-3836

Hillsborough Office
Mountainview Plaza
856 Route 206, Bldg. B, Suite 13
Hillsborough, NJ 08844
Ph: (732) 287-1115
Fx: (732) 287-3836

Navigating the complexities of H-1B visa sponsorship can be challenging for employers. Ensuring that all requirements are met is crucial for the approval of the visa without encountering denials or Requests for Evidence (RFEs) from USCIS. Here are the top 5 tips for H-1B employers to streamline this process:

1. Thorough Documentation of the Beneficiary's Qualifications:
  • Comply with 8 CFR 214.2(h)(4)(iii)(C) by ensuring the beneficiary qualifies to perform services in a specialty occupation. Submit the beneficiary's complete college transcripts and if they're not in English, include certified translations.
  • If transcripts use course codes, a course key must be provided.
  • Clearly articulate how the beneficiary's degree is pertinent to the position offered. In cases where the connection isn't obvious, provide a detailed explanation, delineating how the beneficiary's education, or combined education and work experience, equips them for the role.
  • When relying on work experience for qualification, ensure the evidence aligns with 8 CFR 214.2(h)(4)(iii)(D) to verify the experience and expertise.
  • USCIS uses a 3-for-1 formula where petitioners rely on the agency's determination regarding equivalency. Under this formula, three years of specialized work experience to substitute for one year of college, meaning 12 years of work can equate to a four-year degree.
  • Expert evaluations from industry professionals can validate the equivalence of a beneficiary's combined education and experience to a U.S. bachelor's degree.
  • Beneficiaries should provide detailed documentation, such as employer letters and training certificates, to support their degree equivalence claim.
  • Relevance of progressive work experience to the H-1B job is paramount; unrelated experiences might not be considered equivalent to the degree requirement. Letters that document the beneficiary's career advancements are also important.
2. Ensure that the Labor Condition Application (LCA) is Filed Correctly:
  • The Labor Condition Application (LCA) must match the petition and its selected wage level must align with the proffered job.
  • If the LCA cites a Level I wage inconsistent with the position's requirements, it may prompt a Request for Evidence (RFE).
  • For positions lacking a matching Standard Occupational Classification (SOC) code or combining O*NET occupations, explain the chosen SOC code and wage appropriateness.
  • Offering a prevailing wage determination from the Department of Labor can validate the chosen SOC title and wage level.
  • Detailed descriptions of the role's requirements, supported by evidence like job postings, can affirm its specialty nature and wage congruence.
  • For LCAs using private wage surveys, include relevant survey portions to show job and wage alignment.
3. Meticulous Completion and Submission of Forms:
  • Fill out all sections of Form I-129, including the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement, available on
  • Ensure that the beneficiary's name is spelled properly and that his or her date of birth is displayed in the proper format (that is, month-date-year). Also, review the country of birth and citizenship and the I-94 number (if applicable) for accuracy
  • Submit the appropriate fees via signed checks or money orders. It is advisable to use separate checks for each fee to avoid complications leading to potential rejections.
  • Confirm that all personal information, including the beneficiary's name, date of birth, country of birth, citizenship, and I-94 number (if applicable), is accurate and consistently presented across all documents.
  • Include a copy of the beneficiary's valid passport. If an extension of stay or change of status is sought, include evidence like Form I-94 or Form I-797, and pay records, demonstrating the beneficiary's maintenance of valid nonimmigrant status.
4. Avoid Specialty Occupation RFEs:

It's important to understand the definition of a specialty occupation according to the Immigration and Nationality Act and 8 CFR regulations. Recognize that when referring to a "degree," it means a bachelor's or higher degree in a specific specialty that is directly related to the job.

  • Offer a comprehensive list of duties, roles, and educational/experience requirements for the position.
  • Illustrate the relationship between proposed duties and the educational benchmarks.
  • When multiple educational specialties apply, detail how each relates to job duties.
  • Indicate if degrees within broad categories like "engineering" are suitable or if only specific specializations are needed.
  • Ensure the role focuses on a "specific specialty" to qualify as a specialty occupation.
  • Understand that O*NET is a general job reference and relying solely on its data might be inadequate.
  • Keep in mind O*NET may not always specify if the required education directly relates to the job role.
5. Proper Filing and Legal Representation:
  • File the petition with the correct USCIS service center as specified on the Direct Filing Addresses for Form I-129 web page. Incorrect filing locations can lead to rejections.
  • If employing legal representation, include a duly completed Form G-28.
  • Use the petitioner's primary office address to avoid processing delays.
  • Review all filing instructions meticulously before submission to avoid common mistakes that could lead to rejection or processing delays.

Given the intricacies and potential pitfalls of the H-1B petition process, it's paramount to stress the importance of hiring a competent immigration attorney. An experienced attorney not only guides you through each step but can also foresee and mitigate challenges, ensuring the best chance of a successful application. Investing in the right legal expertise can save both time and resources in the long run, as well as provide peace of mind throughout the application process.

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