Next week, USCIS will begin to accept cap-subject H-1B petitions for the 2018 fiscal year. Many immigration law firms, U.S. businesses, and foreign nationals have been preparing their petitions for several weeks in anticipation of the upcoming submission date. To make sure you are ready to submit your petition to USCIS, go through the checklist below and confirm that all of your paperwork is in order.
H-1B Submission Checklist
1. All forms must be signed, and all correct fees must be submitted. This may seem like a no-brainer, but it can be very easy for companies to accidentally forget to sign a form or to forget to include the correct fees with a petition, especially if that company is filing multiple petitions. (Some companies file more than 100 H-1B petitions each year.) The following forms require a company representative’s signature (and an attorney’s signature if the company is using legal representation for the H-1B submission): the Form G-28, the Form I-129, and the Form I-129 H Supplement. It is important to note that the employer must sign the Form I-129 H Supplement in two places. Additionally, a Form I-129 Data Collection must also be submitted but does not require a signature.
The Labor Conditions Application (LCA) must also be signed and submitted along with the aforementioned forms. This document must be submitted to the Department of Labor (DOL) for approval before submitting it to USCIS with the H-1B petition. It can take the DOL seven days to approve an LCA, so if you have not submitted the LCA for your case, you must do so immediately.