Home > H-1B Posts > Speculative H-1B Employment? Dont file

Speculative H-1B Employment? Dont file

November 26, 2009 Leave a comment Go to comments

USCIS hates speculative H-1B petitions with passion.  If you are planning to file an H-1B for an individual and are not sure how you intend to use his/her services for the next three years or so, do not file an H-1B petition until you have a definite in-house product/project or a client.  USCIS wants to see if you have an in-house project or a client where you will place the H-1B individual.  If you do not have an in-house project or a client project, such an employment according to USCIS, is considered speculative employment and it will more than likely not approve such an H-1B. 

You might wonder – well which client will wait for H-1B to get approved and in the anticipation give a ton of documents to help my candidate, esp. in quota type cases, companies might not be able to anticipate their needs six months in advance.   While this is indeed the harsh industry reality, USCIS appears to be NOT cognizant of this reality or that it is but does not care.   What USCIS in its good intention is trying to avoid is that companies bringing H-1B professionals, not being able to find a project, and eventually benching the individuals who then end up taking non H-1B type jobs.

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