U.S. Citizenship and Immigration Services (USCIS) released a statement showing
the common errors leading to petition rejections or denials. This is a list of
the most frequently seen and easily cured mistakes.
Incorrect Fees
Frequently, petitioners miscalculate the amount of money needed for each filing.
If you submit the fees in one check and the amount is wrong, USCIS rejects the
petition. USCIS suggest you submit the fees in separate checks, because this lessens
the likelihood of unintentional math errors when calculating the total fees due
in connection with the filing of an H-1B petition.
Inconsistent and Incorrect Answers on Form I-129 and Supplements:
- Please double check the petition to make sure you have answered all the
questions and that the answers are consistent and correct throughout the entire
package, including the petition and all accompanying documentation. USCIS
cannot make assumptions about what a petitioner really intended, if that is
not clear on the face of the documents submitted.
- For example, if you check "yes" to the question of whether the
beneficiary has a U.S. Master's degree in Part A, #5 of the supplement, then
Part C, #7 should also be checked "yes."
- Another common mistake is where the petitioner indicates on one part of
the Form I-129 that the beneficiary is not subject to the cap, but on top
of the petition they may write "Regular Cap." This can also delay
processing of a case or even cause it to be rejected.
If your worker is or has ever been a J-1 please note:
Part C, #4 of the supplement does not refer to all J-1s who have been granted
waivers of the 212(e) 2-year foreign residency requirement. Check "Yes"
only if your worker is a doctor or a medical researcher who has been granted a
Conrad 30 waiver under INA section 214(I)(1)(B) to work in a medically underserved
area, or a waiver under INA section 214(I)(1)(C) based on a request by an Interested
Government Agency (IGA).
For Fiscal Year 2009, the first filing date is Tuesday, April 1, 2008. USCIS wants
to be sure to accept all qualifying petitions for inclusion in the random selection.
If you file a petition correctly, you increase your chances of obtaining an H-1B
cap number. USCIS reports that it is working on making the process as smooth as
possible both this coming April and in the future.
Petitions are filed at Vermont and California Service Centers, depending on jurisdiction
over the petitioner’s location. To download Both forms and the instructions
click
here.
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