Currently, the USCIS has taken a very aggressive approach to H-1b visas.
We have seen the FY 2010 H-1b Quota stay open for months and while part
of this is due to the economy, the other part has to do with the USCIS
denying cases that they normally would approve. The rate of denials this
year will be much higher than it has been recently.
What can you do for my company or my H-1b petition to avoid this from
happening?
Strategizing with our clients:
Every H1b is unique and every company is unique and an approach that
works for one company may not work for another. Our firm likes to start
with the basics and that requires a review of the company, the job and
H-1b candidate. We strategize with you so that we can make the necessary
changes upfront so that we are not issued a request for evidence that
could have been easily avoided.
Experience and Knowledge:
Our approach to the filing of H-1b petitions is simple- we use a
combination of the regulations that exist and our experience in filing
numerous H-1b petitions each year, to create a petition that can
withstand the USCIS’ abrupt rule changes that the USCIS is notorious
for.
Communication:
It is important that all of the parties involved in the filing are on
the same page. When they are not, facts are incorrect or omissions are
made and these lead to requests for evidence and denials. We encourage
our clients to call our office, whether it is an HR or the H-1b
candidate, it is important that we are all comfortable with moving
forward.
Technology:
Our firm uses an online case management system that allows HR’s and
employees to enter information as well as update information in our
database. By having the beneficiary enter their information into our
system, there is one less area where a transcription error can occur.
This also allows us to have a much faster turnaround time.
Petition Assembly: Our firm takes the approach that the USCIS’ adjudicators will rush through the petitions. We have come to this conclusion based on the RFE’s that request documents that are already submitted. Our approach to petition assembly is simple- We must capture the attention of the adjudicator immediately or else they are going to move on to the next item. When we create a petition, we keep this in mind and use a very organized and unique format that has been successful.