Successful Chicago H-1B Visa Sponsorship

Chicago is a fast-paced and competitive city, and employer-sponsored H-1B visas are one avenue through which businesses and organizations give themselves an edge. The opportunity to hire talented people from around the globe comes with numerous benefits, including the assurance that you have the best person for the job. Having a local immigration lawyer assist you throughout the H-1B visa application process increases the likelihood of H-1B visa approval.

The H-1B visa is so highly sought after here in Chicago and nationwide that it requires a lottery system. Only a limited number of H-1B visas are available each year, making the process particularly stressful for employers and prospective employees. The following are some tips for making the H-1B visa application process smoother and giving it a better chance of success.

8 Tips for Chicago Employers Sponsoring H-1B Applicants

Tip #1: Assess H-1B Visa Qualification Criteria

The H-1B process is time-consuming and intensive. Before beginning the process, ensure the position you’re filling and the employee you sponsor meet H-1B visa eligibility requirements set forth by the U.S. Citizenship and Immigration Services (USCIS).

The H-1B visa is for those with specialized knowledge in a specific field who possess a Bachelor’s degree or equivalent. Proof that your company or organization requires at least a Bachelor’s degree in a narrowly tailored degree field must also be shown.

Tip #2: Understand the H-1B Visa Process and Mark Your Calendars

Demand far exceeds supply for the limited quota of new H-1B petitions each year (known as the H-1B cap). For this reason, USCIS now holds a lottery in March each year to select registrations that have an opportunity to file a substantive H-1B petition. Only those registrations selected in the lottery can continue to file a complete petition. Some H-1B petitions may be exempt from this cap–ask your immigration attorney for more details.

Meeting deadlines, properly completing all requirements, and turning everything in as soon as possible is imperative. Thankfully, the USCIS website stays updated on application deadlines. Make sure to add any important dates to your calendar.

Tip #3: Craft a Compelling Labor Condition Application

One of the most important documents a Chicago employer files is the Labor Condition Application (LCA) with the Department of Labor. A strong LCA must select the proper Department of Labor job category and prevailing wage as well as listing all worksites.

Tip #4: Assemble Documentation for Your H-1B Visa

A neat, organized, thorough application package improves your chances for H-1B visa approval. The following are some of the documents that may be required:

From the Employer

• Form I-129 Petition for Nonimmigrant Worker
• H Classification Supplement to Form I-129
• Certified Labor Condition Application (LCA)
• Letter detailing job offer and duties
• Company information (E.g., tax returns, business license)
• Filing fee payments

From the Employee

• Copy of Passport
• Copies of academic degrees and transcripts
• I-94 record (if currently in the U.S.)

This is a partial list, as exact documentation requirements vary on a case-by-case basis as determined by USCIS.

Tip #5: Maintain Open Communication With the Applicant

Open communication between the sponsor and applicant creates a much better experience for everyone involved and increases the likelihood that an application is approved. Fostering communication throughout the application process improves:

• Accuracy of information
• Timeliness of document submission
• Stress levels
• Concerns are being addressed quickly
• Compliance with all H-1B regulations

Additionally, starting on the right foot with your new employees will help them adapt to the Chicago culture and work environment and build an overall sense of trust.

Tip #6 Prepare the Applicant for the H-1B Visa Interview

Once the H-1B petition is approved, the applicant may need to attend an H-1B visa interview at a U.S. consulate or embassy abroad. Interviews are stressful, and an interview that will completely change your life is even more so. Talking to your employees beforehand about what to expect, including the types of questions that will be asked, will help ensure a smoother interview process.

Ensuring the applicant can provide accurate information about the details of their job and qualifications is a great way to boost their confidence and improve their chances of approval. Additionally, assist them in bringing the correct and required documents to the interview so it does not result in the need for rescheduling.