Getting Ready for CAP Season

Practice Areas

By: Kirti Kalra

The H-1B CAP season is upon us again.  Besides urging companies to start early in their preparation to meet the April deadline, here are a few useful tips for HR Personnel to assure a timely completion of the process.

  1. Get the employment agreement signing and other related on-boarding procedures out of the way as early as possible.
  2. Make a checklist of the documents necessary for each H-1B candidate. There will be so many documents and so little time. This will help you keep track of them all.
  3. Involve the necessary management teams early on in the process to assure that you have the necessary information/documents that substantiate the H-1B position as required by the petition process.
  4. Account for the mandatory LCA processing wait time—absolutely no last minute filings possible.
  5. Account for mistakes in LCA processing, so allow time to be able to process a second LCA. Double wait time!
  6. Account for computer/printer/copier/scanner malfunction. This happens, but USCIS does not care for even real excuses.
  7. Put in early requests for funds to the appropriate department to approve H-1B filing Fees—many petitions miss the deadlines waiting on filing fee checks.
  8. Do not rely on the prospective employees to be timely in providing the necessary personal documents.
  9. Most importantly, you will be extremely busy during this time of the year. Seek help from other co-workers in your department to double check information, signatures, documents, and other necessary steps to ensure a successful completion of the petition processes.
  10. The most obvious tip and the least utilized tip, reach out immigration attorney early in the process to help guide you in any questions you may have regarding the process.