Exigent discusses how you can outsource Immigration petitions to deliver better results to your clients
Image Copyright:Gidget Climance
H-1B CAP visas under FY2016 quota
Today business demands that more and more multinational companies with locations within the United States bring talented foreign national executives, managers and professionals on shore. In this respect, the H-1B work visa under § 101(a)(15)(H) of the Immigration and Nationality Act needs to be obtained for working in the USA. We have witnessed the expansion of annual numeric CAP submissions for H-1B on the very first day of April every year. For the last few years, the H-1B CAP applications went far beyond the 85,000 approved quota number. In fact, United States Citizenship and Immigration Services (USCIS) received 2,33,000 applications for FY 2016 CAP, which is recorded as the highest number to date.
Many immigration experts have interpreted that new amendments will be imposed to the CAP number, expecting an increase to the Congressional numeric CAP for H-1Bs this year. Nothing has changed so far; the number of acceptable petitions remained the same while the number of petitions applied for has increased significantly.
Drafting the H-1B petition – the real challenge
Drafting the H-1B petition may seem to be technically simple with predefined forms and letters, but will it get an approval? To begin with, it is a matter of luck for any individual to get the petition picked in the ‘H-1B lottery’ with USCIS. The key lies in hands of the attorney who presents the petition. It needs to be presented in a way that clearly shows the foreign national is perfectly suitable for the H-1B position. Results of approval remain in the quality of petition; and therein lies the real challenge. In other words, what is required is how well your petition is drafted, compliant to for getting the necessary approval.
Applying an outsource solution to the CAP process – a genuine solution
From the firm’s perspective, investing in resource management for this CAP season can be a cost-driven decision. Attorneys may find it difficult to hire professionally competent resources to combat the CAP volume for a limited period because once the petitions are filed with USCIS, the hired internal resource will become redundant. The solution lies in using external cost-effective support that can cope with the evolving needs of volume case preparation without affecting work quality. Essentially, it requires looking at a strategic restructuring and engaging a partnership model with an external established service provider that has the required processes and skill set in place.
