H-1B Approved? What Should Employers Do Next

Securing an H-1B approval is a huge milestone, but an employer’s responsibilities do not end here. Once the H-1B petition is approved, employers must assist the H-1B beneficiaries with visa stamping, submission of Form I-9, onboarding, and other important tasks. All these steps must be completed promptly as failure to do so may result in noncompliance.  

This blog outlines the key steps employers must follow to ensure compliance with USCIS guidelines once their H-1B petition is approved.  

Important Steps to Follow After H-1B Visa Approval

STEP 1: Review the H-1B Approval Notice (Form I-797)

• Form I-797, also called the “receipt notice” or “approval notice”, is an important document issued by USCIS to notify H-1B petitioners and beneficiaries about their petition approval.

• For H-1B petitions, USCIS issues either Form I-797A or I-797B. Form I-797A is given to individuals who are already in the U.S and includes a Form I-94 notice, which proves legal status and work Authorization. Form I-797B is issued when H-1B beneficiary is outside the U.S. or when a change of status is not granted.  

• Once Form I-797 is received, employers must carefully review the details such as employee’s name, position title, salary, and employer’s address. Any discrepancies should be directly reported to the USCIS to prevent future complications.

STEP 2: Notify the H-1B Beneficiary

• The employer must notify the H-1B worker about their petition approval and provide them with the Form I-797 copy. This document proves the employee’s work authorization and immigration status.  

STEP 3: Determine the H-1B Beneficiary’s Current Location

• If the H-1B worker is inside the U.S. and has received H-1B approval as a Change of Status (COS), they can start working on the date mentioned in the Form I-797. The employer must make sure that the worker is aware of their work authorization and other important details, such as start date, location, and wage details.  

• If the H-1B worker is outside the U.S., assist them in scheduling a visa appointment through the Department of State’s process at a U.S. consulate or an embassy in their home country.  

STEP 4: Help the H-1B Beneficiary with H-1B Visa Stamping (if required)

If the H-1B worker is outside the U.S., the employer must help them with the entire visa stamping process. They can:  

• Assist in completing the Form DS-160: Guide the H-1B worker in accurately filling out the Form DS-160 and paying the $185 visa application fee.  

• Schedule the visa appointment: Once Form DS-160 is properly submitted, help the H-1B worker in scheduling a visa appointment at a U.S. consulate or an embassy in their home country.  

Note: The visa appointment can be scheduled up to 90 days before the petition start date

• Ensure proper documentation: Make sure the H-1B worker has all crucial documents such as:

1. Copy of Form I-797 approval notice  
2. Valid passport  
3. DS-160 confirmation page  
4. Visa fee receipt  
5. Employment verification letter  
6. Educational credentials  
7. Resume/CV  
8. A certified LCA copy

• Prepare for the interview: Help the H-1B worker effectively prepare for the interview by guiding them about the interview process and ensuring proper documentation.

• Follow-up post-interview: Help the H-1B worker track their visa status and assist them in case of possible discrepancies.

STEP 5: Prepare for the H-1B Beneficiary’s Arrival in the U.S. (if required)

• Confirm the expected date of arrival with the H-1B worker and make sure they have all the required documents, including Form I-797, a valid visa stamp, and their job offer letter  

• Assist them with their travel and accommodation to ensure a smooth arrival.  

STEP 6: Verify Employee’s Form I-94 Upon Arrival

• Form I-94, also called the “Arrival/Departure Record”, is an important document that is issued by the U.S. Department of Homeland Security (DHS). This document confirms your lawful presence in the United States and determines the H-1B worker’s period of authorized stay.  

• The employer should guide the H-1B worker on retrieving their I-94 record from the official CBP website.

STEP 7: Verify Work Authorization & Complete Form I-9

• Form I-9 is a crucial document for U.S. employers who hire H-1B workers, as it verifies an employee’s identity and work eligibility, ensuring compliance with the USCIS guidelines.  

• The employee must complete section 1 of Form I-9 on the first day of employment, and section 2 of Form I-9 must be filled by the employer within three days of the employee’s date of joining.

STEP 8: Ensure Compliance with LCA Terms

• The Labor Condition Application (LCA) is a document that ensures H-1B employees are paid fairly and equally to U.S. employees. It helps create a transparent working environment, preventing the exploitation of foreign workers.  

• To maintain compliance with the Department of Labor’s guidelines, employers must review the prevailing wage offered to the employee and make sure the employee is compensated fairly.  

STEP 9: Set Up Payroll, Benefits, & Employee Onboarding

• Ensure the employee is added to the payroll with the correct wage as per the LCA and has access to all employee benefits such as health insurance, retirement plans, and other company benefits.  

• Provide the employee with all essential onboarding documents, brief them about the company’s policies, and arrange compliance training.  

STEP 10: Maintain Compliance & Track Visa Expiry

• Maintain the Public Access File (PAF), which must contain all the important documents such as all H-1B documents, LCA, and wage details.  

• Track visa expiration and set reminders to ensure you don’t miss the renewal process.  

• Monitor the working conditions and conduct regular internal audits to stay audit ready.  

Common Challenges & Tips to Avoid Them

To stay compliant with the USCIS guidelines, employers must know the common challenges after H-1B approval and key tips to avoid them.  

Some common challenges H-1B employers may face include:  

1. Lack of proper documentation

Challenge:  Employers often struggle with managing H-1B documentation, which can put them in a tough spot during USCIS audits and lead to compliance issues.

Solution: Employers must maintain all important H-1B documents in an organized manner and make sure they are easily accessible.

2. Delays in visa stamping

Challenge: Employees outside the U.S. may face delays in scheduling visa interviews at U.S. consulates or embassies.  

Solution: To avoid delays, employers should encourage employees to book a visa appointment as early as possible.  

3. Inaccurate filling of Form I-9

Challenge: Inaccurate or incorrect filling of Form I-9 can lead to noncompliance, resulting in serious fines and work authorization issues.  

Solution: Ensure all details are filled correctly and review the entire form twice before submission.  

4. Issues with LCA compliance

Challenge: If the offered wage does not match the wage conditions mentioned in the LCA, it causes noncompliance, leading to serious legal and financial consequences.

Solution: Ensure wage consistency by cross-checking payroll records with LCA requirements and adjusting if required.

5. Work location & remote work requirements

Challenge: If the employee chooses to work from a different work location or remotely, the employer may have to file a new LCA and a petition amendment.  

Solution: Employers must consult an experienced immigration attorney before approving remote work or relocation.  

6. H-1B extension & green card sponsorship  

Challenge: H-1B status is valid for a maximum of 6 years, and if the employee wishes to stay longer, they will need an employment-based green card or another visa status.  

Solution: To avoid work authorization gaps, the employer should start the green card process early and, if an extension is required, file before the current H-1B expiration.

7. Handling layoffs & termination

Challenge:  Terminating an H-1B employee requires strict compliance with immigration laws. Employers must notify USCIS, provide return transportation for employees outside the U.S., and document the entire process.  

Solution: Follow a transparent termination policy. Notify the employee in advance so they can seek other visa options or transfer their H-1B to a new employer within the 60-day grace period.

Summing Up

After the H-1B approval, employers must follow certain mandatory steps to maintain compliance with the USCIS guidelines and help the new hire settle in. They must provide the H-1B beneficiary with a copy of Form I-797 notice and assist them with visa stamping. Once the employee arrives in the U.S, the employer must properly file the Form I-9 to ensure compliance with the USCIS guidelines.

The H-1B post-approval process can be a bit complex and H-1B employers often struggle with issues such as visa stamping delays, lack of proper documentation, inaccurate submission of Form I-9, and H-1B extension and green card sponsorship. However, with a well-structured approach, these challenges can be effectively managed.

OnBlick ensures a smooth H-1B approval process, helping you seamlessly manage LCAs, Forms I-9, and PAF.  

Managing H-1B compliance has never been this easy. Book your free demo today!

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