In this case, the employers should first of all
- Understand H-1B visa requirements, including the qualifications that the employee must obtain before applying to the H-1B visa and the occupation types that are most likely to lead to a H-1B visa.
- Employers should prepare their petitions before the application process starts. (from early April to October). Labor condition application (LCAs) and supporting evidence of the employee’s qualifications should be complete and accurate.
- When registering the prospective H1-B candidate through the Electronic Registration System by USCIS, the employer should be aware of the short registration period (few weeks in March) and avoid violating rules of duplicate registration for each candidate.
- Some employers, such as universities or non-profit organizations may be exempt from the H-1B cap. Employers should be well-informed about cap-exempt opportunities.
- Experienced immigration attorneys can help navigate the complexities of the H-1B process. They can help with filing, compliance issues and strategies to maximize the chance of the employer’s success.
- Monitoring changes of immigration policy such as cap numbers, eligibility requirements, application process.

