As a lawyer, my advice on common pitfalls to avoid when applying for an H-1B visa are as follows:
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Failing to meet eligibility requirements: In order to apply for an H-1B visa, the applicant must have a bachelor's degree or its equivalent, as well as a job offer from a U.S. employer in a specialized field requiring a high level of education and skill. It is important to ensure that both the employer and the employee meet these requirements before submitting an application.
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Submitting incomplete or incorrect documents: Failure to submit complete and accurate paperwork can lead to delays or rejection of the visa application. It is important to carefully review all required documents and ensure they are complete and accurate before submitting the application.
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Failing to maintain status: Once the H-1B visa is approved, it is important for employees to maintain their status by working only for the approved employer, and not engaging in unauthorized employment or working in a different field than the one approved in the visa application.
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Failure to comply with wages and working conditions: Employers are required to pay H-1B workers the prevailing wage, and provide working conditions that are no less favorable than those offered to U.S. workers. Failure to comply with these requirements can lead to revocation of the visa.
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Failing to file on time: The H-1B visa has an annual cap, and applications must be filed during a specific window. Failure to file on time can result in missing the opportunity to apply for the visa.
If any of these pitfalls are encountered, it is important to consult with a licensed attorney for further guidance and advice.
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