Employers who seek to sponsor foreign workers by petitioning the office of U.S. Citizenship and Immigration Services (“USCIS”) will greatly improve their chances of success if they follow some simple rules:
- Know the Regulations of the H-1B Program. If you know the rules and you know the published interpretations of those rules by the Administrative Appeals Office, this is the single best thing you can do to improve your success rate. A great advocate should understand both and should be able to explain them to you.
- Make Sure Your Statements “Add Up.” Discrepancies among the documents you file will be viewed with suspicion and likely will result in a denial or a request for more evidence and further delays. Even the smallest of discrepancies between various financial records will garner particular scrutiny. So review your records before filing them, and make sure your counsel can explain any discrepancies between items, such as tax records and financial statements.
- Don’t Leave Anything Out. Adjudicators of petitions will not want to go looking for information. Make it easy for them to conduct a review of your file. Other employers competing with you for H-1B approvals will do so, and you will lose if you go to the back of the line because one little thing is missing from your application. Don’t assume that anything is minor. If the application or your business counsel asks for it, supply it.
- State the Economic Case. The regulations do not explicitly require demonstration of macro-economic impacts associated with hiring foreign workers in specialty occupations, but the sub-text beneath the regulations is pertinent. The Wall Street Journal, Business Week and a variety of other business publications have noted the tension between competing immigration policies of protecting domestic labor prices and supplying critical needs of employers. The USCIS operates under that tension. If you can make the case that a foreign worker will not only enable you to accomplish your business objectives through application of specialized skills, but will also have a positive impact on economic growth for your company, community or industry, that can only help you.
For more information about how to sponsor foreign workers successfully, check out our Website or call us at (847) 564-0712.