What Should US Employers Do About Cap H-1B Receipts and Approval Notices Listing Incorrect Petitioner to Avoid I-9 and Consular Problems

May 14, 2020

 

As businesses are reviewing receipts issued by USCIS for H-1B cap petitions, it is clear that USCIS has made a systemic error of placing the wrong information on receipts. To keep HR and legal experts updated, enable them to answer potential questions from managers and international employees in order to prevent potential I-9 and consular problems. Here is a quick summary of the problem and a potential plan of action:

 

USCIS is Listing Incorrect Employer Information on H-1B Petitions Creating I-9 Employment Eligibility Documentation and Visa  Application Problems

 

USCIS has been issuing H-1B receipt notices listing the incorrect employer (instead of listing the name of the person who registered the H-1B in the cap/company signatory).  We have also seen some H-1B approval notices with the same problem. Obviously, this is a problem for I-9 employment authorization documentation and consular visa applications. We have a plan to address the problem.

 

What Businesses Should Do To Correct the Problem, A Plan of Action

 

Receipt Correction Requests

 

  • File correction requests with USCIS on behalf of our clients/US employers.  We have seen USCIS correct some records and issue updated receipts with the correct employer. 

 

Approval Notices Corrections – Two Step Approach

 

In cases where the H-1B approval notices are issued with the wrong employer name, we suggest:

 

  1. Filing a Correction Request/Letter: Ask USCIS to issue the approval notices with correct employer.

  2. Filing a New I-129 H-1B Petition to Correct: This is crazy, but if a request to correct the approval notice doesn’t work, the employer needs to reevaluate and may need to file a Petition to Correct (normal procedure even if USCIS made the error).

 

 

 

 

 

Mira Mdivani

Business Immigration Attorney
MDIVANI CORPORATE IMMIGRATION LAW FIRM

uslegalimmigration.com/our-lawyers/mira-mdivani/

 

 

NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to our situation

 

The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.

 

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