Immigration Blog

How to Ensure You Properly File Your H-1B Cap-Subject Petition

By Bill at March 26, 2019 22:17
Filed Under: Tips and Features

USCIS will begin accepting H-1B petitions that are subject to the FY 2020 cap on April 1, 2019. Please check here to see the new rule that will go into effect on April 1.

It is your responsibility to ensure that Form I-129 is completed accurately and submitted properly. Please follow these steps to ensure your attorney or your employer properly file your H-1B cap-subject petition:

  1. Complete all sections of the Form I-129 petition, including the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement.
  2. Make sure each form has an original signature, preferably in black ink. Ensure all signatures comply with Policy Memorandum.
  3. Include signed checks or money orders with the correct fee amount. Please submit separate checks for each fee associated with the filing.
  4. Submit all required documentation and evidence with the petition at the time of filing to ensure timely processing.
  5. Ensure that the Labor Condition Application (LCA) properly corresponds to the position in your petition.
  6. You must file the petition with the correct USCIS service center. Read more on Where to Mail Your H-1B Cap-Subject Petition.

Please also check additional documents required with your petition:

  1. Signed, certified Department of Labor LCA (ETA 9035), copy acceptable.
  2. Evidence of Beneficiary's Educational Background(with English translations when applicable).
  3. A Copy of the H-1B Petition, if the beneficiary will be applying for a nonimmigrant visa abroad

U.S. employers are always looking for skilled workers, even in holiday seasons. Please polish your resume and update your career profiles regularly.