Best Practices for a Successful H1B Application Process

Whether you’re a sponsoring employer or a prospective H1B worker, our business immigration attorneys at Naya Immigration are going to walk you through exactly what you need to do to give your petition the best shot possible. 

Ready to take your case from “stressful” and “too complicated” to “success story?” Call us at 650-499-5187 or use our contact us form to schedule your consultation with our H1B visa attorney. 

First thing’s first — know the rules. H1B petitions are governed by the Immigration and Nationality Act (INA), Department of Labor (DOL) regulations, and United States Citizenship and Immigration Services (USCIS) policies to allow U.S. temporarily employ foreign workers. 

You can’t just say, “We want this person because they are a great worker.” That’s not going to cut it. You need to demonstrate compliance with prevailing wage requirements, job and educational qualifications, employer-employee relationship rules, and a plethora of other requirements and rules. For example, employing nonimmigrant workers in “specialty occupations” requires theoretical and practical application of a body of highly specialized knowledge.

A vague job description is a red flag and so is an overinflated job description. You need to find the perfect balance. 

In other words, this should be a clear, accurate job description that aligns with the offered wage, reflects the real duties of the role, and matches an appropriate occupational classification. 

USCIS will scrutinize this.

Before filing Form I-129 (the former U.S. employers use to file on behalf of nonimmigrant workers) with USCIS, you must first obtain certification of a Labor Condition Application (LCA) from the DOL. 

The LCA certifies that you will pay the required wage, that the employment conditions won’t negatively affect U.S. workers, and that notice requirements were met. 

Get this step wrong? Game over. The rest of the petition won’t even get off the ground. 

Especially for third-party placement situations (think consulting companies or staffing firms), you will need to clearly document that you (the petitioning employer) will maintain control over the worker. 

USCIS looks for evidence of this, such as contracts, detailed itineraries, organizational charts, and so on. Don’t skip this step even if it seems irrelevant. 

Timing is one of—if not the most—critical aspect of the H-1B visa application process. The H-1B registration period typically opens in March. The H1B cap-subject petition season is extremely compressed. Miss it, and you’re out for the year. 

Employers should start gathering documents and planning months in advance of the filing window. Don’t leave anything to chance. 

Okay, workers, now your turn. While the employer carries a lot of responsibility, your part of the process is just as critical to obtain intended employment authorization. Here’s what you need to focus on. 

Your degree (or equivalent experience) needs to meet the requirements of the job being offered. 

If you have a foreign degree, you may need a credential evaluation to confirm its U.S. equivalency. Start this early, as credential evaluations can take time, and missing this will weaken your petition fast. 

Mismatched names. Incorrect dates of birth. Typos in passport numbers. These small mistakes are shockingly common and surprisingly destructive. 

Double-check every piece of personal information on all forms and supporting documents provided during the electronic registration process. If anything is inconsistent across documents? Get it fixed before filing instead of thinking “it’s no big deal, they will figure it out somehow.” 

Have you been in the U.S. before? What were the visa categories? Did you have any prior issues? 

Be honest here. USCIS will see this information anyway. And if you omit something, it looks much worse than the issue itself. 

If you’re applying for a cap-subject H1B, remember that the lottery system is random. 

Even if you (and your employer) do everything perfectly, selection is not guaranteed. Prepare mentally and practically for this reality. Have a backup plan. And a Plan C, too. 

The best petitions happen when employers and workers collaborate openly. That’s why you should be responsive and proactive. Provide all documents your employer requests, and do it fast. Every day counts during filing season. 

If there’s one golden rule of the H1B process, it’s this: Communication is everything.

Here’s how employers and foreign workers can work together for the best outcome: 

An H1B petition is a team project. When employers and employees communicate clearly, stay organized, and respect each other’s timelines, the entire process runs smoother and the chances of approval go way up. 

Trying to handle everything alone or scrambling last minute? That’s how mistakes happen. And mistakes can be costly. 

Even seemingly flawless petitions can trigger an RFE. But that’s not the problem. The real problem is a sloppy response to such requests, as they can derail everything. 

First and foremost, anyone participating in the H1B application process should expect the possibility of an RFE.

You need to analyze the RFE carefully. USCIS RFEs vary. Some are boilerplate, while others raise complex issues about job duties, degree equivalency, employer control, or other issues. 

Read the RFE closely. Break it down. Understand exactly what’s being asked. If you need help, don’t hesitate to reach out to an H1B visa attorney. 

When you know what USCIS wants from you, provide strong, focused evidence. Don’t just throw a pile of random documents, hoping it will resolve the issue. It won’t. Instead, respond with targeted, organized evidence that directly addresses the issues raised. 

And remember: RFE deadlines are strict. Miss the deadline, and your application could be declined. 

The first step is the lottery for cap-subject H-1Bs. If you’re applying under the annual cap for H-1B, it all starts with the USCIS registration lottery in March. Have you been selected? Great, you can move on to filing your full petition. If not? Well, you can try your luck next year. 

Then comes petition processing. Once your I-129 petition is filed, standard processing typically takes three to six months. Could be faster. Could be slower. Welcome to USCIS timelines. 

But wait, there’s more: For those in a hurry (and willing to pay), there’s Premium Processing, which costs $2,805. With Premium Processing, USCIS guarantees an answer (approval notice, denial, or RFE) within 15 calendar days, according to the USCIS website. 

The final step is visa stamping and entry. 

If the beneficiary is outside the U.S., they will need to schedule a visa appointment at a U.S. consulate via Form DS-160 (Online Nonimmigrant Visa Application). Timelines for this vary wildly depending on the consulate and local backlogs. This can take from a couple of weeks to several months. 

If all goes smoothly with Premium Processing, you could go from lottery selection to visa in hand in about two to four months. Without Premium Processing, expect six+ months. 

Hiring an immigration attorney to assist you with the H1B application process can transform your chances. And here’s how our attorneys at Naya Immigration help: 

A great H1B petition is built, not lucked into. It takes strategy, precision, and an understanding of how the system really works and how to present your case in the strongest possible light. 

That’s exactly what we do at Naya Immigration. 

Whether you’re an employer preparing to sponsor a talented worker, or a professional seeking an H1B opportunity, we’re here to guide you through every step of the visa process—and maximize your chances of success. We can also help you explore alternative visa options based on your unique situation and goals.

Ready to get started? Contact Naya Immigration today and let’s put your H1B application on the strongest possible path forward. Call us today at 650-499-5187 or complete our contact us form to set up a consultation with our attorney.