Every year, USCIS makes its decision in the annual H-1B lottery for new professionals to get sponsored by companies for temporary work visas.
If you or your employee, as the candidate, have already gotten through the lottery, why waste your chance with creating a simplistic H-1B that is likely to fail?
Now is the time to really invest resources and create a very strong H-1B petition.
So what makes a strong H-1B petition?
The 3 Key Elements of an H-1B
1. Qualifying company
There has to be a real, legitimate company with a real business name that has the ability to hire somebody and that has enough work for them to do and can pay them.
2. Qualifying job
The job has to be professional that meets the legal definition of a specialty occupation. This job must require at least a Bachelor’s degree or equivalent experience in order to qualify for H-1B work.
If this is a job that requires manual labor or a skillset from a certificate program that isn’t a bachelor’s level, then it’s not considered a specialty occupation. It’s not professional and that type of job won’t work for an H-1B.
3. Qualifying employee
The candidate must have the right bachelor’s degree or experience in the right field. The person has to make sure that if they’re in the United States, they’re maintaining their status here. They should be able to document that they haven’t had any immigration violations.
Build a Solid Three-Legged Stool
Getting an H-1B is like a three-legged stool. You have to have all of those three legs, or else if you try sitting on the stool, it’s going to tip over to one side and it will fail.
