The H-1B1 visa can appear deceptively simple. A Chilean or Singaporean citizen has a U.S. job offer, the employer completes the Labor Condition Application, and the applicant applies for the visa.
In reality, several issues can complicate an application.
Working with an H1B1 visa lawyer before filing can help identify potential weaknesses before they become problems.
Problem 1: The Degree Does Not Match the Position
Having a bachelor’s degree does not automatically qualify someone for H-1B1 status.
There generally must be an appropriate relationship between the applicant’s education and the specialty occupation.
A software position offered to a computer science graduate may present a straightforward relationship. Other combinations can require considerably more explanation.
Problem 2: The Job Duties Are Too Vague
Generic descriptions can make it difficult to establish that a position actually requires specialized professional knowledge.
An employment letter should accurately explain what the employee will do rather than relying solely on a job title.
Problem 3: Assuming H-1B and H-1B1 Have Identical Rules
They do not.
One particularly important difference is immigration intent. H-1B has statutory dual-intent protections that H-1B1 does not share in the same way.
Applicants should be particularly careful when their immigration history includes immigrant petitions, permanent-residence plans, or other facts that may raise questions concerning their intentions.
Problem 4: Problems With the Labor Condition Application
The employer generally needs an appropriate certified Labor Condition Application.
Errors involving the position, location, wage, or other employment information can create complications.
Problem 5: Inconsistent Information
Visa applications, employment letters, résumés, prior immigration filings, and statements made during an interview should be accurate and consistent.
Even innocent inconsistencies can create questions that require additional explanation.
Preparation Matters
No lawyer can guarantee that a visa will be issued. What an attorney can do is identify legal and evidentiary issues before an application is submitted.
An H1B1 Visa Lawyer can review the employee’s credentials, job description, employer documentation, immigration history, and application strategy as a whole.
A seemingly small problem is usually easier to address before an application is filed than after a visa has been refused. See More