Currently, there is a Cap on U.S. H-1B petitions and only finite amounts are given each year. This past year the cap was reached within a week (read more here – links to articles on site). Proper drafting of the H-1B petition can improve chances for approval by properly capturing the scope of position and avoiding complicated filing errors.
If you are seeking to attain certain skilled workers (links to page with skilled worker list), you may need to pursue an H-1B petition (links to H-1B page on site). Initiating and managing an H-1B petition is a multifaceted and complicated process. KPPB Law offers full support to employers for H-1B petitions, from initiation to completion. To provide the best chance of a successful with employer protection from potential negative repercussions, KPPB Law offers the following H-1B related services:
Employer Protection
Employers of an H-1B worker can be vulnerable to negative situations arising from actions taken by the H-1B employee. Mr. Patel protects companies from key issues including:
Breach of Non-compete – By correctly drafting the original non-compete, Mr. Patel sets up restrictions which prevent an H-1B employee from directly moving vendors, bypassing their original employer. If violated, the provisions set forth in the original non-compete may allow for an employer to gain liquidated damages.
State of Virginia Contract and Non-compete Laws
Virginia is a “pro-commerce” or “open commerce” state. The state will not enforce vague language in contracts in non-competes and contracts. To protect employers from “un-enforceable language”, KPPB Law drafts contracts that are “narrowly defined” and will win in court if needed.
Immigration Strategies
Due to the dynamic nature if the IT industry, a fast “start up” time for H1-B workers is essential. KPPB Law guarantees fast turnaround times for all cases. It is important for employers to remember, USCIS is required to issue Requests for Evidence (RFE) for a certain percentage of cases. Mr. Patel’s experience and knowledge in the areas of H1-B petitions can help avoid receiving an RFE.
If an RFE is received, Mr. Patel is ready and available to craft a fitting response. When dealing with RFE responses, employers should be aware that USCIS uses a variety of standardized adjudication memos to issue RFE’s. KPPB Law has successfully responded to a wide variety of RFE memos. Mr. Patel’s success in responding to RFE’s lies in his ability to frame a response in a way that is perfectly tailored to the RFE received – an ability only experience can provide.