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Holiday Season to H1B Cap Season of 2014 (Part 2)

Posted by: INSZoom | Date: January 13, 2014

By Anuj Sarin

Hope my earlier blog helped you in the process of preparing yourself and your organization to file for the H-1B’s. In this blog I shall focus on activities that involve compliance but are intrinsic to the H-1B process.

  1. Ensure identified resources are eligible for the H-1B based on specialty occupation requirements, 16 years of equivalent US education, and / or any other internal criteria and provide the Units with the list.
  2. Determine the wages to be paid; you need to consider the following before determining the wage to be paid
    • Union (Collective Bargaining) Agreement (if any)
    • Wage Survey
    • Wage paid to similarly employed workers in the geographic area
  3. Ensure that the Wage survey, used is the latest.
  4. Let your Compensation team know of the wages that need to be paid to these H-1B employees.
  5. Once LCA requirements are identified (refer comments in my earlier blog) make sure to send out the Posting notices to the locations for which they are being procured.
  6. Start procuring the LCA’s. You may want to put a future start date on these LCA’s to maximize the time that you can get.
  7. If 3rd party placement of resources is involved, work with the Sales or Client Engagement or concerned teams to have valid and updated Client letters, SoW’s or Contracts.
  8. Follow up on LCA postings and once posting period is completed ensure that you receive the posting notices back.
  9. Update the Public access files with the posting notices and the LCA’s once certified by the DOL.
  10. Check your Public Access files to ensure that they contain the updated documents such as benefits, compensation structure, relevant policies and process documents, etc.
  11. Ensure that the form versions you have are the latest.

By when should all the activities be started and/or completed? This would depend upon the volume of H-1B’s that you need to file. You could look calculating these dates keeping in mind the filing window of 1st 5 working days in April 2014 and back working based on your volume and processing capability.

The time to process has begun folks, forget about the holiday season, roll up your sleeves and get to work. The rewards for the effort that you are going to be putting in, will be visible in the smiles and thank you notes you would get from employees on intimating them about the approval of their H-1B’s probably starting June 2014 or earlier if the case is filed under premium processing.

Anuj Sarin

With nearly fifteen years of experience in immigration, operations and human resources management, Anuj Sarin directs INSZoom’s Product Management division. As the Director of Product Management, he ensures that the company increases its revenue and market share and maintains its focus on delivering exceptional services and products that increase clients’ efficiency, effectiveness and compliance.

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