New H-1B clients frequently ask me what the first step is, or what they should be doing now to prepare for the upcoming H-1B cap. While the answer varies depending on whether they have filed before, how much corporate information we already have on file, etc., we have outlined the basic steps here and here.
Right this minute though, is a great time to have your company’s FEIN (tax identification number) verified by the Department of Labor. Why do this?
1. As you may know, the Labor Condition Application (LCA) must be certified before an H-1B petition is filed.
2. Before the LCA is certified, the Department of Labor must verify the company’s FEIN (tax identification number) to make sure that the company really exists, and that they are who they say they are.
3. If you file the LCA before the FEIN is verified, the LCA could be denied or delayed. If that happens, you will have to send in information to document the FEIN (tax returns, letter from the IRS with the tax ID number on it, etc.). Then it can take DOL several days to verify the FEIN.
4. If you verify the FEIN before filing, and send in the documentation before you file the LCA, if necessary, you can avoid last-minute delays.
Remember, we expect the cap (US master’s and regular) will be met the first week of filing, therefore there will not be time for last-minute delays. Avoid the stress and pain of missing the cap by planning ahead and verifying now!
Need help filing H-1Bs for your employees and setting up a sound H-1B compliance program? Do you need an attorney to help you and your employer file your H-1B petition? Contact us today at firstname.lastname@example.org or at 804-396-3412.