Mistakes Employers Make When it Comes to H1B Visas

At Naya Law Group, PC, we recognize how crucial the H1B visa program is for U.S. businesses that need highly skilled workers. From tech startups to large healthcare organizations, employers across industries rely on the H1B visa to fill positions that require specialized knowledge. This visa program allows businesses to attract global talent, fill skill gaps, and maintain their competitive advantage in an increasingly global economy.

However, navigating the H1B process is not easy. The requirements are strict, the paperwork is extensive, and the compliance obligations can feel overwhelming. Even small mistakes on the part of employers can result in serious consequences, including petition denials, processing delays, government audits, penalties, and even disqualification from future H1B sponsorship.

The good news is that most of these mistakes are avoidable with careful preparation, attention to detail, and the right legal guidance. This article will explore how employers can reduce risks and improve their chances of success by walking you through common H1B visa mistakes by employers, why they happen, and how to avoid them.

The H1B visa program is intended for specialty occupations — jobs that require theoretical and practical application of highly specialized knowledge. Typically, this means at least a bachelor’s degree or its equivalent in a specific field. The H1B visa is employer-sponsored, meaning the business is responsible for submitting the petition and ensuring compliance with all related obligations.

Unfortunately, many companies underestimate how complex the process really is and assume that submitting the right forms is enough. Businesses often fail to appreciate the level of documentation needed to prove the job qualifies or the ongoing compliance responsibilities that begin once a petition is approved.

The following are among the most common categories of H1B visa filing errors by companies:

Each of these areas can expose employers to Requests for Evidence (RFEs), denials, audits, fines, and even loss of future eligibility for H1B sponsorship.

The job description is the foundation of any H1B petition, as it’s what the U.S. Citizenship and Immigration Services (USCIS) uses to evaluate whether the role qualifies as a specialty occupation. If your job description is vague, generic, or inconsistent, your petition may be denied, no matter how qualified the worker is.

One of the most common mistakes made by employers is submitting job descriptions that are too broad or administrative. These descriptions fail to show that the position truly requires specialized knowledge or a degree in a specific field.

Common H1B RFE reasons for employers in this area include:

For example, describing a role as “assists in project documentation and team communication” does not establish that it is a specialty occupation. Instead, a stronger description might be: “Designs and implements software systems requiring advanced knowledge of computer science principles, object-oriented programming, and data structures.”

To avoid this mistake, employers should clearly connect job duties to the specialized knowledge required, highlight the complexity of the work, and avoid generic phrases that sound administrative or clerical.

Another frequent mistake employers make when it comes to H1B visas is listing a degree requirement that does not match the duties of the job. If USCIS concludes that the role does not normally require a degree in the field specified, they may deny the petition.

To avoid this mistake, employers should align the degree field with the actual job duties and provide evidence (such as industry data or expert letters) showing the degree is standard for the role. Companies should also avoid inflating degree requirements beyond what is typical for the position. 

Employers must do more than list a degree requirement — they must show why the job duties justify it. Supporting evidence can include:

Failure to provide this type of documentation is a common reason for RFEs and denials.

Even when the job description and position requirements are sound, many petitions fail because of technical mistakes in the documentation or filing process. These H1B visa filing errors by companies can result in costly delays, rejections, or outright denials.

Every H1B petition requires precise, accurate, and complete forms. The USCIS expects employers to submit the most current version of Form I-129, along with supporting documentation. Common errors include the following: 

These seemingly small mistakes can be extremely costly, leading to outright rejections without the petition ever being reviewed on its merits.

The LCA is a critical component of the H1B petition process. It demonstrates that the employer will pay the prevailing wage and that the employment will not negatively affect U.S. workers. Employers’ mistakes on H1B visas often arise here. Typical LCA errors include the following: 

For example, an LCA that lists the worksite as Los Angeles while the employee is assigned to work remotely in Denver can create a serious compliance issue and increase the risk of denial or audit.

H1B petitions require multiple filing fees, including the base fee, ACWIA fee, Fraud Prevention and Detection fee, and (in some cases) the Public Law 114-113 fee. Errors here may include:

These common mistakes often result in rejected petitions and unnecessary delays.

Submitting a petition to the wrong service center causes delays and often requires refiling. USCIS provides clear filing instructions that must be followed carefully to ensure timely processing.

Even after an H1B petition is approved, the employer’s responsibilities are just beginning. In fact, some of the most common mistakes employers make with H1B visas occur after approval and during the worker’s period of employment.

Every employer must create and maintain a Public Access File (PAF) for each H1B worker. The PAF must contain:

Failure to maintain a compliant PAF is one of the most common H1B compliance issues caused by employers and can result in various audits, fines, and penalties.

Employers must pay H1B workers at least the wage listed on the certified LCA. Underpayment — even during slow periods when no work is assigned — is a serious violation. Examples include:

These issues can lead to back pay orders, fines, and disqualification from the H1B program.

Material changes in employment terms require filing an amended H1B petition. This includes changes to:

For example, transferring an H1B worker from a Dallas office to a New York office without filing an amendment is a compliance failure that jeopardizes the worker’s lawful status.

If an H1B worker’s employment ends, the employer must notify USCIS in writing and offer to pay for the worker’s reasonable return transportation. Failing to do so can leave the employer liable for continued wage obligations and potential penalties.

Successfully navigating the H1B visa process is possible, but requires employers to circumvent various pitfalls. Avoiding serious mistakes requires companies to do the following: 

Many employers benefit from working with an experienced immigration law expert to help navigate this complex process and avoid common pitfalls.

At Naya Law Group, PC, we help employers successfully sponsor global talent and avoid costly employer mistakes on H1B visas. Our services include:

When you work with Naya Law Group, PC, you gain a partner dedicated to protecting your business and helping you achieve your workforce goals. Contact us today for a confidential consultation.

To minimize the risk of denials, RFEs, audits, and penalties, it is essential that employers approach the H1B visa process with careful planning and a deep understanding of their obligations. Below, we outline additional best practices that can help businesses avoid common pitfalls.

Before submitting any H1B petition, it’s wise to conduct a thorough internal review of all materials. This includes:

Employers should also double-check that all forms are current, signed, and properly completed, and that all required fees are calculated correctly and submitted via separate checks as required.

Many H1B visa mistakes by employers occur because of miscommunication between HR, legal, and management teams. For example, HR might assume that the position qualifies as a specialty occupation based on a generic title, without consulting legal counsel or reviewing detailed job duties. Establishing a clear internal communication process ensures that all stakeholders are aligned on job duties, requirements, locations, wages, and compliance responsibilities.

H1B compliance does not end when the petition is approved. Employers should:

This proactive approach helps minimize the risk of H1B compliance issues for employers and demonstrates good faith efforts during any government review or audit.

Despite best efforts, it’s possible to receive a Request for Evidence (RFE) from USCIS. When this happens, it is essential to do the following: 

A well-prepared and timely response can make the difference between approval and denial.

To further illustrate how easily mistakes employers make when it comes to H1B visas can arise, let’s consider a few common scenarios: 

Example 1: The Remote Work Oversight

A growing tech company hired a software developer on an H1B visa and, during the COVID-19 pandemic, allowed the employee to work remotely from a different state. However, the company failed to update the LCA and file an amended H1B petition reflecting the new worksite location.

When the company applied to extend the employee’s H1B status, USCIS flagged the discrepancy, resulting in an RFE. Ultimately, the company had to scramble to correct the issue, and the employee’s extension was delayed. This situation could have been avoided with proper compliance monitoring and timely filing of an amendment.

Example 2: The Fee Payment Error

A midsize engineering firm filed multiple H1B petitions during the annual cap season. In the rush to meet deadlines, the company combined the ACWIA fee and the Fraud Prevention fee into a single check. USCIS rejected the filings because the fees were not submitted correctly, forcing the company to refile and miss the cap for that year. This is a clear example of how administrative details — even something as simple as how fees are paid — can have a major impact.

Example 3: The Degree Requirement Disconnect

A retail company attempted to sponsor an H1B worker for a “business analyst” position, but listed duties that were largely administrative and did not convincingly demonstrate the need for a specialized degree. USCIS denied the petition, stating that the position did not meet the specialty occupation standard. Had the company taken time to define the role in more technical terms — or adjusted the position to align with the employee’s qualifications — the petition could have stood a better chance of success.

The consequences of H1B visa filing errors by companies and H1B compliance issues for employers go beyond a single petition denial. Mistakes can lead to:

This is why careful planning and legal oversight are so important throughout the H1B registration process.

At Naya Immigration, we provide comprehensive legal support to help businesses avoid employer mistakes on H1B visas. Our goal is to help U.S. employers achieve their workforce objectives while reducing risk and ensuring full compliance with H1B regulations. Our services include:

If your company is considering sponsoring a foreign worker or needs assistance with H1B compliance, contact Naya Immigration today for a confidential consultation with a skilled immigration attorney. Let us help you navigate the complexities of the H1B program with confidence and clarity.