What are the chances that an H-1B petition will be approved? What problems could be encountered?
If the position is a professional level one and the employee has a degree in a related field, the chances are excellent that the petition will be approved, although there are sometimes delays if the USCIS has questions. Potential problems include: • If the employee will not be earning the prevailing wage then the employer may not file the Labor Condition Application and thus may not file an H-1B petition. In this case there is no opportunity for an actual USCIS denial but it also cannot be approved. • If the USCIS believes that the position is not a professional one, the petition may be denied. • If the employer is very small or new, the USCIS may question its need for a full-time employee. • There is an annual limit of new H-1B petitions that may be approved each year. If this limit is reached, no further H-1B petitions will be approved until the following fiscal year. The limit for Fiscal Year 2006 (October 1, 2005 – September 30, 2006) is 65,000, plus an additional 20,000 for foreig
Related Questions
- An aliens National Interest Waiver petition is approved, but his H-1B is going to expire. Can he apply for either consular processing or adjustment of status?
- Will the problems encountered in Shettleston in the summer of 2002 be taken into account in any future studies?
- Is an amended H-1B petition required?
