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CONTENTS

01. H-1B Season Basics

Why should you start planning now?

02. H-1B Quota/Cap Count

Do you know which category you fit in?

03. Top 10 Tips Revealed

Get the inside scoop on how to increase your odds

of selection!

04. The Planning Checklist

Learn which documents you'll need in order to file.

05. H-1B Frequently Asked Questions

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INTRODUCTION What is the H-1B visa?

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Introduction

H-1B visas are highly sought after by foreign professionals and

U.S. employers for their multitude of benefits. These non-

immigrant visas are intended for workers who possess specialty

skills, often requiring an advanced degree. With the 2016 H-1B

season quickly approaching, individuals are gathering the

necessary documents in preparation for the April 1st filing date.

Due to the annual quota/cap imposed on H-1B visas and the

increasing competition, it's best to get started right away in order

to identify your H1-B needs and develop a filing strategy.

In this eBook, we'll highlight the ten top tips for the 2016 H-1B

season. In addition, we offer a FREE consultation with an H-1B

immigration attorney. [The information contained in this eBook is not

intended to serve as legal advice nor the formation of a lawyer/client relationship.

Consult an immigration attorney before taking any action.]

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SECTION 1

H-1B Season Basics

Why should you start

planning now?

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H-1B visas are granted to foreign professionals in specialty

occupations, which typically require a bachelor's degree or higher.

Qualified positions include architectural occupations, positions in

chemistry, physics, accounting, data communications, and more.

The list of qualified positions is so vast, we can't name them all so

it's best to consult USCIS for a comprehensive list.

In past years, the H-1B quota was quickly reached. In fact, last

year the window was open for only five days and within that time

period USCIS received approximately 172,500 petitions!

(Here's a sneak peak of the first H-1B filing tip)

As many individuals learned from last year, it's crucial to submit

your petition as soon as the window opens to increase your odds

of selection.

Tip #1: Get your petition in as soon as the window opens!

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SECTION 2

H-1B Quota/Cap Count

Do you know which category

you fit in?

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The annual H-1B cap is 85,000 petitions. The regular quota (first

category) allots 65,000 petitions. The second category is reserved

for the Masters' quota and sets aside an additional 20,000. In

conjunction with the Free Trade Agreement, 6,800 spots are

reserved for citizens of Singapore and Chile as part of the 65,000

regular quota.

There are ways to circumvent the annual cap. If you have been

counted against the cap in prior years and haven't reached the

maximum 6 year limit then you may qualify for an exemption.

Another exemption is if the petition is filed by a nonprofit

organization, or institute of higher learning. In that case, you may

not be subject to the cap. It's best, however, to explain your

situation to a qualified immigration attorney before automatically

assuming an exemption.

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SECTION 3

Top 10 Tips Revealed

Get the inside scoop on how

to increase your odds of

selection!

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Here are the top 10 tips for getting an H-1B approval.

In past years, the H-1B season has been open for only a short

period of time. For that reason, it's ideal to submit as soon as

April 1, 2015 rolls around. Procrastinating is not at all

recommended.

It's commonly known that USCIS will revoke or deny any

duplicated petitions they receive that are filed by an employer for

one individual however, you are allowed to submit petitions for

multiple employers.

One way to circumvent the annual quota, as we previously

mentioned, is to qualify for a cap exemption. If the foreign worker

has not yet reached the 6 year limit, or if they're working for a

non-profit organization/ higher learning institution, chances are

they could be exempt.

Tip #1: Get your petition in as soon as the window opens!

Tip #2: Filing petitions with multiple employers may be an

effective strategy.

Tip #3: Employers--Check if the foreign worker has been

previously counted against the cap.

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On the petition, it's important to include all the information that's

requested including evidence that the employer has the ability to

pay the prevailing wage.

It's easy to overlook a section or neglect to sign an

important section. Be sure to double check all

relevant fields for the proper information, including

addresses and signatures.

Many are surprised to learn that H-1Bs are not limited to only full-

time specialty workers. When it comes to the number of hours

your can work on the visa, it's pretty flexible so if you are a part-

time worker apply!

Tip #4: Provide adequate evidence showing the employer

can pay the prevailing wage.

Tip #5: Double check all mailing addresses and sections

that require a signature.

Tip #6: Part-time workers can also file an H-1B petition.

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Just because you pay the premium processing fee does not mean

your petition will automatically be selected.

The position on your H-1B petition must correspond to your

degree. So if you are applying to be an engineer, your degree

should not be in accounting. Make sense?

If the USCIS finds out the employer did not pay

their responsible fees there are serious

consequences including potentially revoking

the worker's visa.

Tip #7: Don't be misled into thinking that premium

processing will increase your chances.

Tip #8: Your specialty occupation must be related to your

degree.

Tip #9: Processing costs must be paid to the USCIS by the

employer.

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Tip #10: Have a qualified immigration attorney review all

the paperwork.

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SECTION 4

The Planning Checklist

Learn which

documents you'll

need in order to file.

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To begin the H-1B process you should have an employer

willing to sponsor you. The employer should then receive a

Labor Condition Application (ETA-9035) & submit the

petition to USCIS.

G-28 Form with all sections filled out (if obtaining legal

representation).

Approval of LCA prior to filing out I-129 Form (Petition for

Nonimmigrant Worker).

Completion of the Filing Fee Supplement and Data collection

sections on the I-129.

In the event that premium processing is selected, the filing

fee should be submitted on a separate check or money order

plus the I-129 receipt and I-907.

Start date on petition must be October 1, 2015. According to

regulations, the petition cannot be filed/approved more than

6 months prior to the beginning date of employment. The

end date on the petition should also be the same as the LCA

expiration.

Double check the details of the LCA to make sure the salary,

title, and location all match those noted on the I-129.

For a complete list of documents, click here.

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SECTION 5

H-1B FAQs

The most frequently asked

questions answered!

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Can a foreign national file more than one petition?

If you have more than one H-1B sponsor or intend to perform work for

multiple employers, they each need to file a petition. Conversely, USCIS

will deny or revoke multiple petitions filed by an employer for one foreign

worker and is not responsible for refunding those duplicate filing fees.

Can I work anywhere in the country with an approved H-1B?

The USCIS takes into consideration a number of factors including your

geographic location when issuing an H-1B approval. They’ll check that your

employer complies with the prevailing wage in the location noted on the

petition so technically the approval is specific to that location (not the entire

country). Throughout the course of your work, if the location changes, you’ll

need to submit an amendment with the new location indicated.

How do I locate an H1B Sponsor?

There are a number of ways to get sponsored by a company for an H1B

visa. Some of these options include searching through sponsoring

company databases, starting with an internship and progressing to visa

sponsorship and channels through American based universities. A list of

H1B sponsors is published quarterly on behalf of the Labor Department.

Another option at your disposal is to search through employment sites.

There, you can conduct a more specific search with your personal

information. An unofficial list of H1B sponsors from recent years can be

found here. [Disclaimer: We take no responsibility for inaccuracies of

unofficial data sources.]

How many filing checks do I submit?

According to the I-129, checks should be made out to the “Department of

Homeland Security” for each filing fee (fraud fee, premium processing, I-

129, ACWIA training fee). Employers may submit one check to cover both

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the base filing fee and ACWIA training fee however the fraud and premium

processing fees should be separate. As mentioned in the top ten H-1B filing

tips, double check the address before mailing.

What fees are my employer specifically responsible for?

By law, the employer is supposed to pay the training fee (if applicable) and

the fraud fee. If the employer tells you that you are responsible for all

USCIS fees, be aware that this is prohibited and you should not enter into a

reimbursement agreement with them.

Why do some H1B petitions take longer than others?

If two H1B petitions are filed at the same time, there’s no guarantee that

they will be approved within the same time frame. This is because each

USCIS service center has a different workload so it’s hard to predict when

the paperwork will be addressed. As previously mentioned, premium

processing is an option to consider for rush cases.

Where should the petition be filed?

Consult the direct filing addresses located on the I-129 Form.

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ABOUT SGM LAW GROUP

Shilpa Malik, the Lead Attorney of SGM Law Group, has

extensive experience and great reputation for offering top-

notch representation in H1B Visa, L-1 Visa, and

Employment Green Card cases. We offer a highly

competitive flat fee for H-1B filings and a free initial

consultation to review your case.

SGM Law Group also offers services in the following areas:

H-1B, E, L, O, P, H-3, J, K and U Visas, as well as I-130 and I-140 Immigrant Petitions with Accompanying Adjustment of Status (I-485)

EB-1 Extraordinary Ability Petition

PERM Labor Certification with the Department of Labor

EB-2 and EB-3 Employment based Green Cards

Investment Based and Treaty Trader Visas and EB-5 Green Card

We Offer a Free Consultation on H1B Filings!