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How to Get Your H-1B Employee on the Job by October 1, 2020
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</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”>
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Sheila Danzig
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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.
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<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.
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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.
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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>
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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>
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For a free review of your case, visit ccifree.com/?CodeLWA/. We will get
back to you in 48 hours or less.
</p>
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About The Author<br/>
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<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>
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