Recent Trends Surrounding H-1B Petitions (USCIS Update)
It is important to note recent trends with the U.S. Citizenship and Immigration Services’ (USCIS) handling of H-1B petitions, impacting both companies and H-1B beneficiaries. USCIS has heightened its scrutiny of petitions, especially in terms of wage levels, qualifications, and ongoing compliance requirements.
Requests for Evidence (RFEs)
USCIS is issuing Requests for Evidence (RFEs) to ensure that companies are using the correct wage levels set by the Department of Labor (DOL) based on the job requirements and the beneficiary’s qualifications. They are closely examining whether the wage level is appropriate for the role, taking into account both the employer’s degree requirements and the candidate’s experience level. Misaligned wage levels may lead to further questioning, delays, or even denials.
Post-Approval Investigations
USCIS is conducting follow-up investigations after H-1B petitions have been approved, particularly around wage compliance. These investigations, including potential site visits, are intended to confirm that beneficiaries are performing the duties and receiving the wages indicated in their petition. Any discrepancies in wage levels can trigger further action, which can impact both the company and the beneficiary’s legal status.
Notices of Intent to Deny (NOIDs)
USCIS is issuing Notices of Intent to Deny (NOIDs) even after petitions have been initially approved. These notices are often tied to concerns over the appropriateness of the wage level specified in the petition. If USCIS finds that the wage level does not meet DOL requirements for the stated duties and experience, they may move to rescind the approval. Employers and beneficiaries must be prepared to provide evidence to address these wage-level concerns to avoid unfavorable outcomes.
How to Respond to These Trends
Given this intensified scrutiny, it’s crucial for both employers and beneficiaries to work with experienced immigration attorneys. Our team at Heckler Law Group is well-equipped to guide you through the complexities of the H-1B filing, and we can help you respond to RFEs, investigations, or NOIDs effectively. Working with an attorney from the outset can greatly reduce the risk of complications and help ensure that your petition meets all current requirements
Heckler Law Group is ready to guide you through the detailed nature of U.S. immigration to ensure a smooth process. Get started by requesting a free case evaluation, and our team will contact you promptly.
This post is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this post without seeking the advice of a licensed immigration attorney.