Appeared on HR.com - Staffing and Recruitment
February 24, 2008

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Properly Preparing and Exploring Alternatives for H-1B Visas Now Will Yield Hiring Successes Later
By Robert Meltzer, CEO, VISANOW

The H-1B cap, as it stands, significantly impacts the ability of U.S. companies to grow and compete. The grossly underestimated need for H-1B visas in 2007 has been a topic of interest for many. Last year, more than twice as many H-1B applications were filed for the 65,000 available visas for highly skilled workers on the initial filing date. This allotment was designed to last throughout the entire year and theoretically should match the level of demand by U.S. employers. Clearly, the cap on the number of H-1B visas available is largely mismatched to the needs of U.S. employers. As a result, companies are often challenged to fill essential positions. The severe lack of available visas will continue to limit U.S. companies' ability to maintain their competitive edge in today’s global economic environment.

Preparing Now
The increasing demand for highly skilled workers requiring H-1B visas has magnified the importance of submitting applications on the initial filing date and making certain that applications are prepared correctly. H-1B petitions must be prepared in advance for filing with the U.S. Citizenship and Immigration Services (USCIS). Companies should take the right steps now to avoid any delays and the accompanying risks.

As H-1Bs are increasingly time-sensitive, companies must take the time to ensure their H-1B applications are submitted as soon as possible. Errors or delays in the preparation may lead to harsh consequences, such as increased costs or, worse, losing a crucial new addition to the workforce.

Timely planning is also a necessity among HR departments to account for possible additions required later in the year. Employers should carefully evaluate their hiring needs, and consider all departments that may expect to hire foreign nationals. Companies should also note that H-1B renewals and transfers are not affected by the cap.

In addition, employers of skilled foreign workers should know all their options regarding work authorizations. There are a number of alternatives to the H-1B visa and some are processed much faster. Understanding all options will extend an employer’s ability to hire highly skilled foreign nationals throughout the year and is critical for those companies wanting to compete on a global level.

Best Practices for Successful Filing
After last year’s record setting application period, filing for H-1B visas with the USCIS on April 1 has become critical. Not to be overlooked is the importance of an accurate application and properly presented support documentation. The following are five best practices companies can follow for successfully filing for H-1B visas:

1. Start early.
As discussed earlier, now is the time to prepare the paperwork for H-1B visa applications. Last year, twice as many applications were received on the initial filing date and many expect this year’s cap will be met on the first day – April 1 – for filing as well.

2. Have the right documentation.
It is critical that the right documentation is prepared correctly for the H-1B application, saving precious time and helping companies avoid a Request for Further Evidence, which can delay the approval process. Examples of supporting documents necessary for an H-1B visa application include:

• Evidence of a bachelor’s degree
• Passport
• Hiring company information
• Pay stubs

3. Become familiar with the H-1B filing process.
Understanding the H-1B process will give companies a leg up on the competition. There are many factors to consider and valuable information to keep in mind when filing H-1B applications, such as:

• What is considered a “specialty occupation” and what is the required documentation?
• At the minimum, a Bachelor’s degree (or its equivalent in terms of education and/or experience)
• The theoretical and practical application of a body of highly specialized knowledge
• What are the filing fees to consider and which ones are applicable?
• When can this applicant begin work?

4. Understand the H-1B visa filing guidelines.
Being familiar with the H-1B filing process can help you better understand the filing guidelines. To avoid mistakes on the application, keep the following guidelines in mind for the successful filing of H-1B visas:

• Applicants must meet the minimum educational requirement of a bachelor’s degree.
• Applicants counted under the 20,000 U.S. master’s degree cap must have completed the advanced degree, which includes completion of any thesis or dissertation.
• Applicants with prior stays in ‘H’ and ‘L’ status visas will have this time counted toward the six-year limit.
• Applicants residing in the U.S. must provide proof they have maintained non-immigrant status up to the time of filing. By failing to do so they risk being required to depart the country, then having to apply for an H-1B visa stamp at a U.S. consulate abroad and re-enter the U.S. to establish the correct H-1B status.
• First-time applications changing from another visa status (usually students that have an F1 visa) need to be aware of potential lapses in status between the two as H-1B visas don’t start until the next fiscal year.
• The right filing fee must be determined for each application as there are four different filing fees.

5. Take advantage of immigration or employment lawyer services.
Navigating the U.S. immigration process can be a challenge. Be sure to choose the right partner that can help with the H-1B application process quickly and efficiently.
Working with legal service providers who utilize technology can help expedite the process ensuring applications are submitted correctly and on time.

What Are My Options?
There are a number of alternatives for companies to consider when exploring work visas for foreign employees. Employers can avoid H-1B cap limitations by understanding all options for hiring foreign nationals and avoiding unnecessary visa processing issues. A number of visa options are available depending on the situation and company, and many of these visas are processed faster than H-1Bs and are not limited by the cap. By exploring the alternatives now, companies can decide on the most suitable method for their hiring situations and be positioned to bring them on smoothly and seamlessly.

H-1B Alternatives:

• TN Category Visa: Based on the North American Free Trade Agreement (NAFTA), this visa is available to Canadian and Mexican citizens coming to the U.S. to perform professional activities. The TN visa has a one year term, but can be renewed indefinitely. There is no cap on the number of TN visas allotted.
• L Category Visa: Similar to the H-1B, the L-1 visa allows companies to hire foreign employees on a temporary basis with the ability to provide permanent residency. The L-1 visa is available if a company is affiliated with a foreign operation, in which a foreign national is coming to the U.S. for a managerial or executive level position. To be eligible, employees must have worked for the foreign company for at least one of the last three years.
• O Category Visa: Visas in this category are used for business and science professionals that exhibit extraordinary ability in their fields. The initial visa is valid for up to three years and can be renewed indefinitely for up to one year each time it is renewed.
• E Category Visa: Created for foreign workers from countries that signed the Friendship, Commerce, Navigation (FCN) treaty with the U.S. The E-2 visa is available to nationals of FCN treaty countries that have made a significant investment within the United States. The E-3 visa is specifically for Australians who intend on working in the U.S. temporarily in a specialty occupation. E category visas are valid for two years and can be renewed indefinitely.

As more companies recruit specialized foreign workers in an effort to maintain their competitive edge, employers will continue to face mounting pressure to manage the influx of immigration processing for foreign nationals efficiently and cost-effectively.

Technology Helps Manage the Process
As more companies recruit specialized foreign workers in an effort to maintain their competitive edge, employers will continue to face mounting pressure to manage the influx of immigration processing for foreign nationals efficiently and cost-effectively.

By working with legal service providers using technology to automate the non-legal aspects of the visa application process, corporations gain numerous advantages, such as:

• First, more applications can be processed more quickly, and at lower costs. For example, a typical paralegal can process 60 applications manually per month versus 400 per month with online capabilities.
• Second, advanced legal service providers can respond to client questions and concerns faster than attorneys in traditional practice. With technology at their fingertips, attorneys can generally provide responses to immigration processing questions consistently within 30 minutes, compared to the days or weeks traditional immigration lawyers usually require.
• Third, technology gives clients complete access to real-time information and counsel – as well as increasing their attorneys’ capacity for direct client communication.
  
  o Freed from the constraints of time-consuming administrative work by technology, each attorney can handle 1500 client inquiries per month versus 160.
  
  o Equally important, they have additional time available to focus on the legal aspects of immigration that actually require their expertise.
  
  o In turn, clients can count on consistently receiving expert, high quality support as quickly and frequently as they need it.

Start Today
Now is the time to consider filing for H-1B visas and explore all alternatives. Properly planning for these new employees to be added to your workforce, implementing best practices to ensure smooth immigration processing results and understanding other options are imperative for companies to experience a quick and accurate visa filing process.

Copyright: HR.com, 2008