Job Description: The Most Important Part of the H-1B Preparation Process
As is true with most professions, the greater the communication, the better the relationship and results. In our corporate immigration practice, the same holds true. With H-1B season quickly approaching, we have many employers looking to attain H-1Bs for an employee or potential employee. The two way street of the attorney-client relationship in our firm often start with an H-1B timeline, educating the client, and, most importantly, an H-1B Checklist.
We provide all our clients with an H-1B Checklist that our firm put together as a way to garner all the needed information for successful filing of an H-1B. The checklist is made up of two parts: The first part is for the employer to fill out and the second part is for the H-1B beneficiary to fill out. These two sections provide the attorneys in our firm with the necessary information we need to start the H-1B petition and get the H-1B process rolling for the eager employer and H-1B beneficiary. When the employer and beneficiary spend a marginal amount of time completing the checklist, we are able to begin preparing for filing, without constantly requesting information and documents from the parties involved, saving valuable time and resources for all parties involved.
What is included in the H-1B Checklist?
The employer section of the checklist requests details about the employer’s name, type of business, address, and contact information for those involved in the H-1B process. This section also requests specifics about the job offered to the H-1B beneficiary, including salary, work location, work hours, job description and who will be supervising the employee.
The employee section of the checklist requests details about the employee’s name, date of birth, country of birth and citizenship, address, etc. The employee section also requests vital information about their passport, last entry into the U.S., previous H-1Bs or other visas, and whether the permanent resident process has been started for the H-1B beneficiary. Another important aspect of the H-1B checklist for the employee is dependent visas. Our checklist asks about spouses or children who may also benefit from the employee’s H-1B process and could be granted a dependent visa.
Job Description The Most Important Aspect of the H-1B Checklist
Each and every aspect of the H-1B checklist is used in the petition process, but if I had to pinpoint the most important piece of information, it would definitely be the job description. The job description is extremely detailed and includes job duties, minimum education, experience, and training requirements, and any special certifications or licenses required for the job. The importance of the job description lies in the extent of which it is used- it is needed in most parts of the petition process, including determining whether or not the position is eligible for the H-1B process, and preparing the Prevailing Wage and the Labor Condition Application (LCA). LCA needs to be approved by the Department of Labor before the H-1B petition is filed with the U.S. Citizenship and Immigration Services. Prevailing Wage provides the employer with a safe harbor against potential wage violations. We encourage employers to develop a well laid out job description and pin down specific minimum qualifications, including educational and experience requirements, if any, needed for the position.
Avoiding Delay in Receiving the Checklist
The one thing I would reiterate to employers time and time again about the H-1B checklist would be the importance, or rather, necessity, of completing it in a timely manner. Without the checklist, there is only so much immigration lawyers can do in moving forward in the H-1B process. It goes without saying that the sooner we receive the completed checklist and needed information, the sooner we can get the H-1B petition filed, the petition (hopefully) approved, and the employee working in your company.
As H-1B season approaches, our checklists are in full swing; we hope our clients will get us the information we need in time.
Corporate Immigration Attorney
THE MDIVANI LAW FIRM, LLC
7007 College Blvd., Suite 460
Overland Park, KS 66211
E-mail: JHaefele@uslegalimmigration.com www.uslegalimmigration.com