Common H1B Cap 2023 Filing Mistakes: How To Avoid Them?

5 COMMON
H-1B CAP 2023
FILING MISTAKES:
FIND OUT
HOW TO AVOID THEM
Call: 1-202-787-1944 or Visit: www.VisaPro.com

With the FY 2023 H-1B quota expected to
run out in the H1B Registration Period
between March 1 and March 18, 2022,
H-1B Cap presents
twin challenges to employers.

1. Filing H-1B Registrations ON TIME to stand a
chance of being considered in the H-1B
lottery.
2. Filing STRONG H-1B PETITIONS to ensure
successful adjudication of petitions selected
in the H-1B lottery.
CHALLENGES

EMPLOYERS OFTEN COMMIT
AVOIDABLE MISTAKES
In the rush to get H-1B petitions timely filed,
that can seriously affect the outcome of the case.

Find Out
5 COMMON
H-1B CAP FILING MISTAKES
&
How To Avoid Them

➢ H-1B visa category is for people who perform
services in a specialty occupation.
➢ Deficient job descriptions could adversely impact
the outcome of the H-1B petition.
Mistake 1: Deficient Job Description

➢ Make sure that the job description clearly
demonstrates that the offered position qualifies
as a specialty occupation
TIP: USCIS looks at the specific duties of the offered
position in conjunction with factors like the nature of the
employer’s business when considering if a job is in a
specialty occupation.
Mistake 1: Deficient Job Description
How To Avoid It?

➢ If the FLAG system does not recognize a
company’s FEIN, then the company needs to be
pre-verified before an LCA can be submitted
successfully.
➢ This pre-verification can take anywhere from
1-5 days resulting in unexpected delays.
Mistake 2: FEIN Mismatch: Overlooking Possible
Delays in LCA Certification

➢ Early preparation and submission of LCA’s will
allow employers to take corrective measures like
pre-verification should FEIN “mismatch” arise.
TIP: This will also help employers avoid any possible
delays arising out of the sudden increase in the volume of
LCA’s submitted during the H-1B cap filing season.
Mistake 2: FEIN Mismatch: Overlooking Possible
Delays in LCA Certification
How To Avoid It?

Mistake 3: Failure to Properly
Determine Previous H-1B Status
➢ If the foreign national had previously maintained
H-1B status through an exempt employer or
position, he or she may not have been counted
towards the H-1B cap.
➢ A foreign national transferring from an exempt
employer or position to a cap-subject employer
must have a new H-1B registration submitted by
the employer between March 1 and March 18,
2022.

➢ When looking to hire a foreign national who has
previously been in H-1B status, the employer
must determine whether or not the foreign
national has actually been counted towards the
H-1B cap.
How To Avoid It?
Mistake 3: Failure to Properly
Determine Previous H-1B Status

DO YOU QUALIFY FOR H-1B VISA?
Find out.
VisaPro has developed a FREE Visa Eligibility tool.

➢ Employers often commit fatal errors while
entering details in the Form I-129 including errors
related to start date, wages, or even using an
incorrect version of the form.
➢ Using an outdated version of the Form I-129 may
result in the USCIS summarily rejecting the
petition.
Mistake 4: Selecting Incorrect
Start Date on Form I-129

➢ Verify that the H-1B Cap petitions are being filed
using the correct edition of Form I-129, and seek
a start date no earlier than October 1, 2022.
IMPORTANT: FY 2023 begins on October 1, 2022
Requesting an H-1B start date earlier than October 1,
2022 in the Form I-129 will result in the petition being
rejected.
How To Avoid It?
Mistake 4: Selecting Incorrect
Start Date on Form I-129

➢ A common error made when filing the H1B
petition is in relation to the USCIS filing fees and
filing location.
➢ The H-1B petition will be rejected if any of the
required fees is not included, or is issued with an
incorrect amount, or is sent to the incorrect USCIS
Service Center.
Mistake 5: Filing With The Incorrect Fee or
At The Incorrect Service Center

➢ Include a separate check for each filing fee. Verify
that every single check has been signed and
included in the filing package.
➢ Verify that the petition will be sent to the correct
service center.
TIP: USCIS generally establishes specific mailing addresses
for purposes of processing H-1B cap subject cases.
How To Avoid It?
Mistake 5: Filing With The Incorrect Fee or
At The Incorrect Service Center

Strict adherence to relevant
H-1B filing requirements is essential
to ensure that a petition
selected in the H-1B lottery
is NOT REJECTED OR DENIED due to
incomplete or improper filing.

Does your firm have a strategy to overcome the
FY 2023 H-1B Cap filing challenges?
VisaPro attorneys helped clients' secure near
100% approval with H-1B Cap filings in the past
5 years.

To help you improve your chances of H-1B lottery
selection and approvals,
We’re offering you a
FREE FY 2023 H-1B Cap Filing Plan Consultation.

In the planning discussion, we’ll cover:
➢ The most successful components of a H-1B filing plan
that you should have in place
➢ How to pinpoint your firm’s differentiators to frame the
USCIS H-1B filing plan
➢ How your H-1B Cap 2023 filing plans compare to
competitors in your industry

About VisaPro
VisaPro is one of the leading immigration law firms in the U.S.
Over the years we have helped clients from over 50 countries in
obtaining work visas, family visas, investor visas, startup visas
and green cards.
VisaPro offers services in the following areas:
✓ Investor and Entrepreneur Advisory Services
✓ Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN
✓ Investor Visas: E-1, E-2, EB-5
✓ Green Cards
✓ Employer Immigration Compliance

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“I am so grateful for VisaPro's help in getting an H1-B visa put into place for a
highly valuable new hire. I honestly don't know what I would have done if it
hadn't been for the help of [VisaPro] Case Manager. He was able to patiently
and clearly explain each stage of the process, was very responsive throughout,
and was really a pleasure to work with. If we ever go through this process
again, I know I will be calling VisaPro for help.”
Jen Mooney
J2 Interactive, LLC

Common H1B Cap 2023 Filing Mistakes: How To Avoid Them?

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