Case Analysis of a Successful H1B Application

[Tips from Peter L. Quan: this article analysis three H1B application cases. One is the successful case, one is the application still in the waiting process and one is the declined case. The article also talks about the questions that need to be paid attention to when you do the tax declaration. In fact, the requirements for tax declaration are not very difficult. There are still quotas for this year’s H1B, it is not late to apply this year. Please continue reading the article to find more details. ]

Careful readers might find that, this is the 156th articles that Peter L. Quan writes for the US <Qiao Pao>, the US Sino vision, and Oriental East website. About three years ago, he started to publish articles on <Qiao Pao>. The first time he talked about H1B was in an interview from Sino Vision reporter in spring 2008. Time flies, but fortunately, the readers of <Qiao Pao> and Sino Vision keep increasing. In another word, the three years are a period of time Peter L. Quan grew up with them. By the way, if you take Air China’s airplane to go back China, you will get a latest <Qiao Pao>.

Each year, there are about 60,000 quotas for H1B. However, only people with college degree or equivalent degrees have the qualifications to apply for H1B. Besides, USCIS requires that the position provided by employers must request people with higher than college degrees. Generally, it is the applicant who contacts the attorney, but from the legal prospective, the attorney should represent the employers. That is, employers employ attorneys to deal with H1B application for applicants. Peter L. Quan thinks that the key point is that the position provided must have the requirement that employees should at least have bachelor degree. And the major of applicants must consist with the position’s requirements. The degree achieved outside the USA must be notarized restrictedly. Then it is the attorney’s job to prepare all the materials.

Then we will have a look at Peter L. Quan’s three cases of H1B applications. The first is a successful case. The employer is an after-school tutorial education institution founded for a long time. The applicant is a student who achieved Master of Mathematics degree in the USA. The position is a teacher. The main job duty is to tutor the student how to receive the offer from famous universities and high schools. The application started since this March, at that time, the student had about more than one year OPT period. According to the experiences, he did not need to pay the emergency fee, which was $1,000. He might be approved very successfully. The fact proved that Peter L. Quan’s judgment was right. The application was not only approved before October 1st, but also the applicant saved a lot of money. Besides, Peter L. Quan also applied H1B for one of his workers. The position was lawyer. He thought that there will be no problems. Let’s look at a decline case then. The travel agency applied H1B for a B1/B2 visa holder with the position of tour guide. The applicant graduated from a Physical Education University in China and his major was foreign languages. The USCIS declined the case with the reasons as following. The first one was that, they thought this position did not require people with at least college degree. Moreover, USCIS thought that the degree in China was not consisting with their requirements.

The USCIS does not have restricted requirements for employers’ tax declarations. As long as the employer has stable scale, stable tax declarations, and steady profits, even if the tax declaration was filed jointly with spouse, H1B application will not be affected.

Today is the China National Day festival. Dedicate this article to the US <Qiao Pao> and Sino Vision.


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