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Petitions should meet all elements/requirements:
Employers filing H-1B petitions should understand H-1B requirements and make sure
that the petition clearly demonstrates that all the necessary requirements are met. This
is achieved through careful analysis of the requirements and facts involved in the
petition before drafting begins.
There should be well-documented evidence to meet each of the requirements:
Employers should include evidence to meet the requirements with the petition.
Remember that the petition forms only a summary of the evidence. Everything that is
summarized in the H-1B form needs to be supported by the enclosed evidence. For
example, if the employer states that the worker has a specific degree, the petition
should include a copy of that degree and transcripts clearly showing the degree and
major. If the petition requests change of status from F-1 student to H-1B, the petition
should include clear evidence that the incoming worker has maintained F-1 status
including passport, I-94, I-20s, evidence of being in good standing at school, any OPT based
employment authorization document, and evidence of employment on OPT.
Under current USCIS policy, if the employer fails to meet any element through evidence,
USCIS may deny the petition without issuing an RFE. It is not safe to ask the adjudicator
to presume any facts.
Help the adjudicator to understand your petition:
The petition should be well-organized. The employer should include an index of all the
evidence and a well-drafted letter explaining how the petition meets all the
requirements as well as detailing the evidence enclosed. We take time to think about
how to present our case both from the law and argument point of view as well as
visually. This may include using timelines, charts, etc. to reinforce statements made on
the petition and in the employer support letter. We organize evidence in a way that
makes it easier for the adjudicator to make a favorable decision.
Leyla McMullen
Business Immigration Attorney
MDIVANI CORPORATE IMMIGRATION LAW FIRM
NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to your 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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