to Maximize the Chances of Receiving H1B Petition Approvals for IT
I am a manager of an IT consulting firm. What steps should we take to maximize our chances of receiving H1B petition approvals for IT consultants?
IT consulting firms should provide strong evidence to show that they have specific H1B level work for their alien employees at the time of H1B application filing. If an alien consultant will be working on an in-house project, the USCIS expects to be provided with detailed information on the project, including its technical specifications, the end-product, and a business plan or market analysis, such as target market, expected revenue stream, and anticipated length of the project.
If the project will not earn a revenue stream in a relatively short period of time, the firm should be prepared to provide evidence that the H1B employee’s salary can be paid by other means.
If a consultant will be placed at the worksite of an end client, this location should be stated in the H1B petition and in the certified labor condition application (LCA) that accompanies the petition.
The petitioner should also provide strong evidence of the specific project that is immediately available to the alien employee at the time of filing the petition or the requested start date. The contracts, purchase orders, end client and vendor letters, and other supporting documentation should demonstrate to the USCIS that there is an H1B position available to the alien employee and that the employee’s services are needed for the entire duration of time requested in the H1B petition.
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