H1B CAP Work Permit Filing Consultation

H1B CAP 2018:

It was a very tough year for H1B sponsors who filed H1B CAP petition for H1B CAP 2018. Among 85% out of the lottery-selected petitions have received request for evidence (RFE) from USCIS (United States Citizenship and Immigration Services). We presume that the same trend will likely to continue in H1B CAP 2019 quota and H1B Cap 2020 too.

Even after revoking the premium process from April, 2017 until September 2017, it took USCIS for more than 6 months after the lottery process to send the RFEs for the selected candidates (for some petitions RFE had been issued on October 4, 2017). The main focus of the USCIS is to select the right candidate and checking whether the relevant salary is paid to the employees.

H1B sponsors are wondering what they should do / what they should have done after seeing the RFEs. By not providing the appropriate salary levels or by missing information in the support letter or by not providing the correct client information or by ignoring the advice from H1B cap filing experts, few employers might have received RFEs from USCIS or denied by USCIS.

What has happened now?

  • Attorney professional fees increased to respond to RFEs. Now they have created another option called expedited RFE response, for which they will charge even more.
  • The same trend mentioned above has happened with expert opinion agencies and expert opinion fees have increased considerably along the way.
  • Whether a new start up company can submit H1B petitions for their future employees in this tough periods?

What will happen in the future?

  • Attorneys professional service fees for filing H1B CAP petitions might increase
  • Attorneys professional service fees for responding to H1B CAP response might increase
  • Attorneys professional service fees for responding to H1B amendment, H1B extension might increase
  • Credential evaluation professional service fees might increase.
  • Expert Opinion fees might increase.
  • 80% H1B cap petitions will receive RFEs.
  • Time taken to Respond to RFEs will increase.
  • How to identify the right H1B immigration expert/attorney for filing H1B cap petitions?

How LearnHiring.com can help the H1B employers or H1B sponsors?

  • Consultation over phone for H1B cap.
  • In person discussion.
  • H1B visa CAP preparation training ONLINE.
  • Advice/suggestions on how to avoid most RFEs issued by USCIS in H1B cap 2019?

We have consolidated few questions that are very important for any employer to full fill their needs or client’s needs from the department of labor/USCIS perspective.

LCA: Labor Condition Application:

  • Whether the LCA must be filed by attorneys or by the H1B sponsor?
  • Can you use LCA filed for one employee for another employee?
  • What are the key parameters that Department of Labor reviews in LCA?
  • How to get the right standard occupation code that meets Department of Labor’s expectations?
  • Why Level1, Level 2, Level 3… salary is important?
  • What attribute should be same in LCA, SOW and Client Letter? On which situation the client letter is not needed?
  • How to get prevailing wage and include it in LCA if your employee will work in one location or more than one location?
  • How long it takes to get approval from Department of Labor?
  • What is PAF?
  • What is Department of Labor Audit? How to overcome the difficulties?

USCIS – General:

  • What are the key parameters (data, documents) USCIS looks at while approving the petition or requesting evidence?
  • Which document is very important in response to RFE issued by USCIS?
  • How to prepare organization chart per USCIS expectation?
  • What must be mentioned in support letter and the supporting documents needed by USCIS?

USCIS – Right to Control:

  • What is Right to control and why it is required by USCIS?
  • Why supervisor information is needed by USCIS?
  • What USCIS expects from client Letter?

USCIS – Organization Chart/Duties/Responsibilities/Percentage of Split of Job Duties

  • How to prepare job duties, responsibilities, percentage split of job duties per USCIS expectations?
  • Is title important or Job Duties important?

Credential Evaluation:

  • What is credential evaluation?
  • How long it will take to get credential evaluation?
  • What are the documents needed for credential evaluation?
  • What is the cost involved?
  • Why USCIS needs that?

Expert Opinion:

  • What is expert opinion?
  • Why expert opinion is required by USCIS?
  • Why Expert Opinion has become tougher?
  • What are the documents needed for expert opinion?
  • How long it will take to get Expert Opinion?
  • What is the cost involved?

Offer Letter and Employment Agreement:

  • What is offer letter?
  • How to roll out the offer letter with the right salary expected by Department of Labor?
  • Can incentives or variable pay or relocation expenses be included in salary?
  • What is employment agreement?
  • What is the difference between offer letter and employment agreement?


  • Why few degree certifications and major of study is not accepted by USCIS and leads to rejection of H-1B application?
  • Why original transcripts are required by USCIS in a closed envelope?

Client Letter and SOW:

  • Why client letter is required?
  • What happens when clients agree to provide the documents and later deny it?
  • Can you submit another client’s documents to a petition that was previously submitted to USCIS?
  • What personal documents, company documents, client documents you need for H-1B cap filing?
  • What are the client documents required? In which phase of H-1B filing client documents are required?


  • What information you need to track in H-1B CAP so that you don’t fall as a trap with Department of Labor?

If you need help on the following,

  • L1A work permit consultation
  • L1B worm permit consultation
  • H1B worm permit consultation
  • L1A visa interview
  • L1B visa interview
  • H1B visa interview with US Consulate
  • Online USA Recruitment Training
  • USA HR Generalist Training
  • USA L1 work permit preparation training
  • H1B work permit preparation training

Please contact AntonysTrainingAndSolution@Gmail.Com.


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