• Home
  • About Us
    • Stacy E. Cozart Martin
    • Michael M. Jolic
    • Scott Bratton
    • Staff
  • Services
    • Non-Immigrant Visas
      • E-1/E-2 Visas
      • H-1B Visas
      • H-1B visas for Physicians
      • H-2B Visas
      • J-1 Visa Waivers
      • L-1A and L-1B Non-immigrant Visas
      • O-1 Visa
      • The TN for Professionals
    • Immigrant Visas
      • EB-11 Alien of Extraordinary Ability
      • EB-12 Outstanding Professors or Researchers
      • Multi-National Executive or Manager Category
      • Immigrant Investors/Employment Creation Visas
      • Immigration Issues for Physicians
      • National Interest Waivers (NIW)
      • National Interest Waiver for Physicians Working in Medically Underserved Areas
      • Permanent Residency based on Labor Certification (PERM)
      • I-9 Services
    • Asylum, Deportation, Removal and Crimmigration
      • Asylum
      • Removal Proceedings
      • Crimmigration
      • Bond
      • Appeals – Board of Immigration Appeals
      • Federal Appeals
      • Federal Litigation in District Courts
      • I-601A/I-212
      • Motion to Reopen
  • Consultation
  • News
  • Contact

Mobile Menu

Schedule A Consultation Now!

Give us a call to speak with an immigration attorney.

(216) 328-9878

  • Menu
  • Skip to left header navigation
  • Skip to right header navigation
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

Speak with an Immigration Attorney  (216) 328-9878

MJB Immigration

Immigration Attorneys

  • Home
  • About Us
  • Services
    • Non-Immigrant Visas
      • E-1/E-2 Visas
      • H-1B Visas
      • H-1B Visas for Physicians
      • H-2B Visas
      • J-1 Visa Waivers
      • L-1A and L-1B Visas
      • O-1 Visas
      • The TN for Professionals
    • Immigrant Visas
      • EB-11 Visas
      • EB-12 Visas
      • Multi-National Executive or Manager Category
      • Immigrant Investors/Employment Creation Visas
      • Immigration Issues for Physicians
      • National Interest Waivers (NIW)
      • National Interest Waiver for Physicians Working in Medically Underserved Areas
      • Permanent Residency based on Labor Certification (PERM)
      • I-9 Services
    • Asylum, Deportation, Removal and Crimmigration
      • Asylum
      • Removal Proceedings
      • Crimmigration
      • Bond
      • Appeals – Board of Immigration Appeals
      • Federal Appeals
      • Federal Litigation in District Courts
      • I-601A/I-212
      • Motion to Reopen
  • Consultation
  • News
  • Contact

Article: How to Get Your H-1B Employee on the Job by October 1, 2020 By Sheila Danzig

January 6, 2020

<div itemscope itemtype=”http://schema.org/Article”>
<h3 itemprop=”name”>
<!–ARTICLE TITLE START–>
How to Get Your H-1B Employee on the Job by October 1, 2020
<!–END ARTICLE TITLE–>
</h3><h4><i>by <a href=”http://discuss.ilw.com/articles/articles/392557-article-how-to-get-your-h-1b-employee-on-the-job-by-october-1-2020-by-sheila-danzig/#bio”>
<span itemprop=”author” itemscope itemtype=”http://schema.org/Person”>
<span itemprop=”name”>
<!–AUTHOR NAME START–>
Sheila Danzig
<!–END AUTHOR NAME–>
</span></span>
</a></i></h4><br/>

<div class=”post-content”>
<p>
Employers fear that the new H-1B application process may cause H-1B
employees to not be able to begin work on their start date of October 1,
2020, the first day of the fiscal year.
</p>
<p>
This year, significant changes to the H-1B cap-subject application process
will go into effect. In years previous, the entire H-1B petition was due
the first week of April, and from there a lottery was conducted followed by
the adjudication period. Now, between March 1<sup>st</sup> and 20 <sup>th</sup>, 2020, employers will submit H-1B employees names into an
online registry to be selected for the lottery. Applicants selected will
then have 90 days to complete the filing.
</p>
<p>
With the traditional system, the initial filing process was typically
complete by the first week of April. Now, the initial filing will drag into
late June and early July, followed by the adjudication process while now
typically involves applicants having to answer at least one round of RFEs.
With this timeline, October 1<sup>st</sup> comes up quickly and employers
worry that their employees won’t have their work visa on time to start.
This could be a deterrent for companies to hire H-1B employees because the
drawn-out visa adjudication process impairs their workflow by holding up
their H-1B hires from starting their jobs on time. However, there are steps
H-1B applicants can take to prevent a late employment start date.
</p>
<p>
First, move quickly. Be ready to complete the filing as soon as you get
word, or your employee or client gets word that they made the lottery. Have
as much of the H-1B petition complete as possible by March. That means
starting now.
</p>
<p>
Second, since the burden of proof on the petitioner has increased, that
means anticipating any trouble your case may run into on the way. This
means including a credential evaluation if the H-1B employee earned their
degree outside of the United States, has work experience instead of a
complete degree, or has a degree in a field that is not a match for the
H-1B job. This also means including an expert opinion letter that addresses
the employer-employee relationship, wage level issues, and specialty
occupation issues. All of these steps help to prevent RFEs or Denials that
will further hold up the process, the employee start date, and the
employer’s workflow.
</p>
<p>
Third, to find out where your case needs strengthening to prevent one or
more rounds of RFEs, talk to us at CCI TheDegreePeople.com. We offer free
reviews and consultations of all H-1B cases to identify areas of
vulnerability and what you need to do to address them BEFORE you file.
</p>
<p>
For a free review of your case, visit ccifree.com/?CodeLWA/. We will get
back to you in 48 hours or less.
</p>
<br/>
</div>

<hr/><h4>

<a name=”bio”></a>
About The Author<br/>
</h4>

<!–AUTHOR BIO START–>

<p><b>Sheila Danzig</b> is the Executive Director of CCI, TheDegreePeople.com, a foreign credentials evaluation agency. For a no-charge analysis of any difficult case, RFE, Denial, or NOID, please go to <a href=”http://www.ccifree.com/” target=”_blank”>http://www.ccifree.com/</a> or call 800.771.4723.</p>
<!–END AUTHOR BIO–>

<p><hr/>
<div class=”ilwFinePrint”>The opinions expressed in this article do not necessarily reflect the opinion of <span itemprop=”publisher” itemscope itemtype=”http://schema.org/Organization”>
<span itemprop=”name”>ILW.COM</span></span>.</div></p>
</div>
{$inline_image

Filed Under: Uncategorised

You May Also Be Interested In:

Legal Alert Title

May 11 – Permanent Residency, House Bill

Article: Obtaining I-551 Stamp as Evidence of Conditional Lawful Permanent Residency during COVID-19 By Wolfsdorf Rosenthal LLP

Article: Stuck Abroad And Unable To Return To The U.S. Within 180 Days? By David H. Nachman, Esq., Michael Phulwani, Esq. and Ludka Zimovcak, Esq.

May 8 – Travel Restrictions, COVID-19

May 7 – Top Articles And News For April 2020

Article: Recommendations for U.S.C.I.S. Reopening Offices during Covid-19 By Alan Lee, Esq.

Article: COVID-19 Exacerbates Form I-829 Processing Pain for EB-5 Investors, Mandamus Lawsuits Growing in Popularity By Matt Galati

May 6 – Healthcare Immigration Now

Previous Post: « Article: Key Take-Aways from the S386 Durbin-Lee “Compromise” By Wolfsdorf Rosenthal LLP
Next Post: Jan 6 – H1B, Green Card »

Primary Sidebar

Have a Quick Question?

Send us a message and one of our immigration attorneys will respond to you within 24 hours.

Footer

Martin Jolic and Bratton LLC (formerly known as Sharon & Kálnoki LLC) is a full service Cleveland-based immigration law practice. We offer representation for almost all immigrant and nonimmigrant processes to clients worldwide.

Phone: (216) 328-9878
Fax: (216) 328-9879
Email: info@mjbimmigration.com

6050 Oak Tree Blvd., Suite 250
Independence, Ohio 44131

AILA Member Logo
  • Home
  • About Us
  • Services
  • Consultation
  • News
  • Contact

Site Footer

Attorney advertising. This website is informational only. Information provided herein does not address any specific set of individual facts. Each immigration case is unique and nothing on this or associated pages, documents, forms, comments, e-mails, articles or other communication constitutes legal advice for any individual case or situation. Information provided on this site is not intended as a substitute for legal advice directed to a particular set of circumstances. Legal advice on specific, individual cases should be obtained from an experienced immigration attorney. In exchange for using this site to gather information, you agree not to hold any person involved in the preparation and presentation of this site responsible or liable, either directly or indirectly, for any damages whatsoever that may arise from the use, misuse, and/or reliance on anything contained within this site. Viewing or using information presented on this website is not privileged and does not create an attorney-client relationship. An attorney-client relationship will be created only upon the express agreement of the parties.

Copyright © 2021