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Pricey Sophie: Any pointers for presenting a solid H-1B case? What if I’m no longer chosen?

Sophie Alcorn is the founder of Alcorn Immigration Guidelines in Silicon Valley and 2019 Global Guidelines Experts Awards’ “Guidelines Agency of the 365 days in California for Entrepreneur Immigration Companies and products.” She connects folks with the companies and opportunities that create better their lives.

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Here’s one more edition of “Pricey Sophie,” the advice column that solutions immigration-linked questions about working at skills companies.

“Your questions are crucial to the spread of knowledge that permits folks right by design of the enviornment to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration authorized reputable. “Whether or no longer you’re in folks ops, a founder or seeking a job in Silicon Valley, I’d esteem to reply your questions in my subsequent column.”

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Pricey Sophie,

I’m for the time being on long-established OPT. My employer will sponsor me in the H-1B lottery in March. Are you able to portion any pointers for presenting a solid H-1B case if I’m chosen? If I’m no longer chosen, then what?

— Proficient and Pragmatic

Pricey Proficient,

Thanks for asking the 2 questions that I’m obvious are on each first-time H-1B candidate’s tips. Even supposing the H-1B lottery isn’t except March, it’s foremost for companies and their immigrant workers to initiate getting issues in present gorgeous now. With the tech layoffs, there may be a gamble of fewer registrations for the upcoming lottery, which may perhaps lead on to higher possibilities of resolution.

Pointers for a solid H-1B petition

While you happen to’re chosen in the lottery, your firm shall be notified by March 31 and can glean except June 30 to file your petition for the H-1B strong point occupation visa. As repeatedly, I counsel that employers work with their immigration attorneys to establish a approach now.

While you happen to may perhaps very smartly be chosen in the lottery, your firm will wish to craft a solid H-1B for you with its correct counsel. Crafting a solid H-1B petition begins with getting a Labor Situation Application (LCA) authorised by the U.S. Department of Labor. An authorised LCA is required for all H-1B petitions. The Labor Department typically decides on whether or no longer to certify an LCA inner 10 business days.

For the LCA, your employer have to stutter to pay as a minimal the original wage in step alongside with your home and work put apart of living to you, and create definite your employment stipulations won’t negatively glean an impress on American workers. Employers don’t wish to post evidence to the Labor Department with the LCA, however they have to put up a reproduction of the H-1B notification, that may perhaps merely be carried out electronically, clutch all supporting documents in a file, and create it on hand for public viewing.

For the H-1B strong point occupation visa, your employer will wish to rep out Accomplish I-129 (Petition for a Nonimmigrant Worker) and include evidence and supporting documents. Crafting a solid H-1B petition also requires the following:

  • Your employer have to mark that the “strong point occupation” you would very smartly be provided requires a bachelor’s stage and present that you just glean the stage. In case your home falls inner the STEM class, proving the need for a bachelor’s stage is progressively easy. It’s extra tough for non-STEM positions and definite yell occupations, equivalent to IT, programming, knowledge diagnosis or other analyst jobs.
  • You will wish to rep documents that present you glean maintained your immigration field whereas right here in the U.S., including all I-20s issued up to now for varsity students and any employment authorization sage (EAD) playing cards.
  • Put away from mistakes and omissions by double-checking your forms and documents. Manufacture obvious that the recordsdata contained in the LCA fits Accomplish I-129, and every little thing that wants to be signed is signed.

Loads of alternative alternate choices!

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