H-1B: Dos & Don’ts
EMPLOYEE DOs
While there is an element of luck in securing an H-1B Cap visa, thorough preparation and legal strategy are important factors as well. Be diligent and prepared on matters that are within your control such as document gathering and communication with your attorney. For personalized guidance and legal support, contact our firm today to ensure your H- 1B petitions are compliant with up-to-date regulations. EMPLOYEE DON’Ts Do not rely on advice from friends, online forums, etc. instead of your attorney. Do not pay for any part of the H-1B registration or filing process. Except for fees related to premium processing in limited circumstances, it is prohibited by regulation. DO NOT TRAVEL INTERNATIONALLY while the H-1B process is ongoing and without notifying your legal team in advance. Doing so may have significant consequences for certain applicants, including being required to pay an additional $100K fee. Do not assume selection in the lottery guarantees H-1B approval. The petition must still be filed, reviewed, and approved by USCIS. Do not begin work without H-1B authorization or outside of permitted work in your current status. Maintenance of status is critical. KEY TAKEAWAYS Be sure to flag to your legal team if you have a dependent spouse or children. Maintain valid status if you are in the U.S. (F-1, OPT, STEM OPT, J-1, etc.). If you are seeking an H-1B stamp, avoid posting anything on your social media that could negatively impact your petition, e.g. information that suggests you worked in the U.S. without authorization or political/idealogical content which may raise national security or other admissibility concerns. Provide accurate relevant personal, immigration, and passport information to your legal team. Notify your legal team if any aspects of your offered H-1B role change such as title, duties, salary, or worksite location(s) as changes could impact your case strategy or require additional compliance steps. Collect supporting documentation well in advance of the lottery selection announcement, e.g. passport ID page, diplomas and transcripts, current resume, and all prior U.S. immigration records (F-1, J-1, etc.).
*This summary is for informational purposes only and is not legal advice. For specific guidance, consult with an immigration attorney.
WWW.MCENTEELAW.COM
INFO@MCENTEELAW.COM
+1 (773) 828 - 9544
Made with FlippingBook - PDF hosting