H-1B visa application: 5 common mistakes applicants should avoid while filing form I-129
H-1B visa application can often be adversely affected due to job descriptions that do not explicitly state the position being offered.
The H-1B visa, which falls under the H visa category, has been designed for temporary employees in highly specialised industries. The applicant should at least have a bachelor's degree or its equivalent. While the US might be interested in hiring people with special expertise, this does mean that they would let them enter the nation easily.
US Citizenship and Immigration Services (USCIS) has the authority to reject Form I-129, Petition for Nonimmigrant Worker, if it contains any error.
H-1B visa application: 5 common mistakes applicants make in form I-129
Here is the list of typical errors that an H-1B visa applicant may commit during the H-1B visa application process.
As the H1B registration process started on March 7, 2025, the employers face two major challenges – submitting strong H1B petitions to guarantee an effective evaluation of petitions chosen in the H1B lottery, and completing H1B registrations on time in a bid to have possibility of being considered in the H1B petition lottery.
You might have to wait for another fiscal year if you commit a mistake of submitting an H1B visa application too late.
Job description: While determining whether a job is in a specialist occupation, USCIS considers the employer's business as well as the specific duties of the proposed post.
The outcome of the H1B petition can often be adversely affected by job descriptions that do not explicitly state that the position being offered counts as a specialist occupation.
FEIN or tax ID number mismatch: The Department of Labor's (DOL) FLAG system's incapacity to identify an entity's FEIN or tax ID number is a frequent cause of LCA denials. Prior to properly submitting an LCA, a corporation must be “pre-verified” if the FLAG system fails to acknowledge its FEIN. It may take one to five days to complete the pre-verification.
H1B status: It is the employer's responsibility to ascertain if a foreign person who once held H1B status has been counted toward the H1B cap before hiring them.
The foreign citizen might not have been counted toward the H1B cap if they had previously retained H1B status through an exempt firm or post.
Correct edition of Form I-129: Important information must be entered on Form I-129. Employers frequently make major mistakes when filling out the form, such as inputting an inaccurate start date or salaries, failing to choose the right options, or even using incorrect version of the form.
Petitioners must ensure that they have used the correct edition of Form I-129 while filing their H-1B Cap applications, and they must request a start date no earlier than October 1, 2025.
H-1B petition fee error: It is necessary to submit a minimum of three fees for each new cap-subject H1B petition. If any of the mandatory payments is missing or is paid in error, an H-1B petition will be denied.
