Today, USCIS has posted its updated guidance for proper filing of an H-1B petition in the cap this year. Here are the highlights:
USCIS will begin accepting H-1B petitions that are subject to the FY 2018 cap on April 3, 2017 (because April 1st falls on a Saturday). You may file an H-1B petition no more than six months before the employment start date requested for the beneficiary.
As you probably know, premium processing is suspended. If a petition is filed in premium processing, USCIS will reject the Form I-907. Further, if the employer submits one combined check for both the Form I-907 and Form I-129 H-1B fees, USCIS will reject the entire petition, not just the premium processing.
How to Ensure You Properly File Your H-1B Cap-Subject Petition
USCIS provides the following steps:
Complete all sections of the Form I-129 petition, including the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement.
- Make sure each form has an original signature, preferably in black ink.
- Include signed checks or money orders with the correct fee amount.
- Submit all required documentation and evidence with the petition at the time of filing to ensure timely processing.
- Ensure there is only one H-1B position for the beneficiary of each petition.
Be sure to file the petition to the correct USCIS service center. If you file your petition at the wrong location, USCIS may reject it. Rejected petitions will not retain a filing date and will not be counted toward the H-1B cap.
Be sure to include a signed, certified Department of Labor LCA (ETA 9035). Keep Department of Labor LCA processing times in mind when preparing the H-1B petition and plan accordingly.
Include evidence of education credentials (with English translations when applicable) at the time you file your petition. If you have met all of the requirements for a degree, but the degree has not yet been awarded, you may submit the following alternate evidence:
- A copy of the beneficiary’s final transcript; or
- A letter from the registrar confirming that the beneficiary has met all of the degree requirements. If the educational institution does not have a registrar, then the letter must be signed by the person in charge of educational records where the degree will be awarded.
Our office files all petitions with a duplicate copy, failure to submit a copy may result in delays in visa processing abroad.
Employers may not file multiple or duplicative H-1B petitions for the same employee. To ensure fair and orderly distribution of available H-1B visas, USCIS will deny or revoke multiple or duplicative petitions filed by an employer for the same H-1B worker and will not refund the filing fees.
Be sure Filing Fee Checks are filled out correctly:
- Payable to the Department of Homeland Security,
- Dated within the last six months, and
- Include the proper amount and signature.
Our office submits a separate check for each fee. If you only submit one check as combined payment for all applicable fees and if certain fees do not apply or are incorrect, USCIS will reject your H-1B petition.
USCIS will reject all petitions submitted with the incorrect filing fee.
A few years ago, I put together a video of the common mistakes that cause an H-1B petition to be rejected and not included in the lottery. You can check it out here:
You can find the Fiscal Year 2018 H-1B Cap Filing Guidance at https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2018-cap-season#when
Best of luck in this year’s lottery!