Before an employer files a petition for an H-1B visa for a prospective employee it is important that certain rules are followed to minimize the chances of rejection by the USCIS.

Below is a list of five do’s and don’ts that a petitioning employer should take into consideration when submitting an H-1B visa petition.

Do’s

1. Ensure that all questions on the application Form I-129 are answered;
2. Ensure that the Labor Condition Application is certified and included in the submission;
3. Ensure that the amount paid for the DHS the filing fees are correct ($ 320 for the application, $ 500 for the H-1B visa fraud fee, $ 750 if 25 full time employees or less or $ 1500 if over 25 employees for payment of the ACWIA fee)(separate checks are recommended);
4. Ensure that the petition is mailed to the appropriate service center; and
5. Ensure that copies of all supporting documents (applicant’s passport, university diploma, transcript,  evaluation of credentials report from a recognized credential evaluation service if applicable) are included in the submission.

Don’ts

1. Submit duplicate or multiple petitions for the same prospective employee;
2. Leave any question on the application forms unanswered;
3. Tailor the job description to fit the qualifications of the prospective employee (unless the applicant’s position is new to the employer and, the employer is prepared to justify the business necessity of applying for an H-1B visa);
4. Apply for an H-1B visa if the prospective employee is presently in the United States and not in valid immigration status; and
5. File a frivolous application.  The USCIS can detect fraudulent applications and will prosecute them criminally.

These are very straight-forward rules that employers should follow when submitting their H-1B visa petitions.