Is Your Company H-1B Compliant? What You Don’t Know Could Hurt You!

Topic: Is Your Company H-1B Compliant? What You Don’t Know Could Hurt You!
Guest: Justin Rivera, Esq. | Immigration Attorney, Wasden Law
Law Firm: Wasden Law
Host: Nipasa Pradhan

Is your company truly H-1B compliant? In this episode, host Nipasa Pradhan sits down with immigration attorney Justin Rivera, Esq. from Wasden Law to uncover critical compliance issues that could put your business at risk. From public access files to wage requirements, Justin shares insights every employer should know to avoid costly penalties and legal trouble. Whether you’re a startup or a Fortune 500, this episode is a must-watch for HR professionals, recruiters, and business owners. Stay informed, stay compliant!

00:00 – Intro
1:01 – What are some of the most common mistakes that employers make when filing H-1B petitions and how can they avoid them?
14:16 – How important is the job description when filing the H-1B petition and what makes a job description strong enough to meet the specialty occupation requirement?
19:03 – What tips would you give to folks out there, especially if they are a student or an employer?
24:11 – How can we ensure that our H1B sponsorship process including job postings, wage determinations, and labor condition applications meets all relevant regulatory requirements?
27:08 – Please tell us the latest trends and guidelines of cap-exempt H1B at both the petition and consular stages.
30:10 – When it comes to the salary, what do employers need to know to make sure that they’re paying the correct wage and staying compliant?
34:35 – Could you walk us through some of the RFs (Requests for Evidence) that you’ve seen in H-1B cases?
41:47 – Have you received more RFS this time compared to previous years?
47:56 – What are the chances of H1B second lottery for the fiscal year 2026? What is the present position for the IT job market?
51:25 – As an employer, what kind of employee verifications are needed? I-9 forms versus E-Verify, do we need to do both? Also, how can it be done remotely?
54:00 – Is the client letter and agreement mandatory? Otherwise, small employers’ H1B visa will never be stamped. Visa officers following the same steps since 3 years.
57:47 – What are the implications of signing a non-compete or non-disclosure agreement and what are my options if my employer breaches our employment contract?

#h1bcompliance #immigrationlaw #h1bvisa #usimmigration #employercompliance #wasdenlaw #justinrivera #nipasapradhan

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