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How Can I Avoid Mistakes with My H-1B Visa Application?

The H-1B visa is a highly sought out and thereby highly competitive work authorization visa. So if you are specifically applying for this visa type, you must ensure that you do not give the United States Citizenship and Immigration Services (USCIS) any reason to deny your petition. Follow along to find out how to avoid mistakes with your application and how a proficient Lyndhurst H-1B visa attorney at The Law Offices of Salvatore A. Falletta can guide you through every step of the way.

How can I ensure that I qualify for an H-1B visa in the first place?

Before you even consider filling out Form I-129, Petition for a Nonimmigrant Worker, you must confirm that you are applying for the correct visa type. For one, an H-1B visa is a type of nonimmigrant visa that may allow a foreign national to temporarily work for a United States employer in a specialty occupation. Further, a specialty occupation is one in which a body of highly specialized knowledge is needed to perform in a certain technical field. Examples of eligible technical fields include physical sciences, biotechnology, engineering, medicine and health, etc. Ultimately, one’s ability to perform in a certain technical field is typically referenced with a bachelor’s degree or equivalent in work experience.

Applying for the incorrect visa type may lead to unnecessary complications or an automatic rejection by the USCIS. Rest assured, if you do not necessarily qualify for an H-1B visa, you may evaluate other work authorization visa types (i.e., E visas, L visas, O visas, etc).

How can I ensure I avoid making mistakes with my H-1B visa application?

Of note, the USCIS receives an overabundance of H-1B visa applications each year. So the slightest error in your application may lead the USCIS to completely disregard it and move on. That considered, it should go without question that you must be very meticulous with your petition. Without further ado, below are tips that may help you avoid making any jeopardizing mistakes:

  • You must ensure that you include your signature at the end of your Form I-129 petition.
  • You must ensure that you include your mandatory $460 filing fee with your Form I-129 petition.
  • You must ensure that you submit your Form I-129 petition by this year’s deadline of March 20, 2024.
  • You must ensure that you fill out the required fields of your Form I-129 petition completely and correctly.
  • You must ensure that you attach a certified translation to any supporting documents that are not in English.
  • You must ensure that your relationship with a United States employer is clearly established (i.e., your employer must demonstrate their ability to hire, pay, supervise, and fire).

In conclusion, you require the services of a talented Lyndhurst employment immigration attorney when filling out your H-1B visa application. So please schedule an initial consultation with us at The Law Offices of Salvatore A. Falletta today.