Due to a technical error, the United States Citizenship and Immigration Service (USCIS) recently began issuing H-1B approval notices on Form I-797 that incorrectly list the class as “1B1.”  This technical error affected H-1B approval notices for H-1B petitions that were filed with the Vermont, Nebraska, and California Service Centers.

The California Service Center confirmed on Feb. 28, 2017, that it is aware of the technical error and will begin to reprint and mail corrected H-1B approval notices that reflect the class as “H-1B” instead of “1B1.” These corrected H-1B approval notices will be mailed the week of Feb. 27; affected petitioners should allow for 10-14 days for receipt.  The Vermont and Nebraska Service Centers have not confirmed whether they will handle these technical errors in the same manner as the California Service Center.

Should a petitioner receive an H-1B approval notice that incorrectly reflects the class as “1B1,” the petitioner should place a service request with USCIS notifying the agency of the error and request that a corrected approval notice be reprinted and mailed.

“1B1” should not be confused with the class of “H-1B1,” which is a sub-set of the H-1B visa class reserved for Free Trade Agreement workers in specialty occupations from Chile or Singapore.  Before placing a service request for a corrected H-1B approval notice, petitioners should confirm whether the class listed on the Form I-797 approval notice is correct.

H-1B beneficiaries who have Form I-797 approval notices that incorrectly list “1B1,” and are obtaining visas abroad or traveling internationally, may receive questions about the incorrect class notation from U.S. Consulate officials, or Customs and Border Protection officers upon admission into the United States.  To help avoid unnecessary issues when traveling internationally, petitioners and beneficiaries should identify the affected H-1B approval notices and take steps to notify USCIS of the error as soon as possible.

If you have questions on how to request a corrected H-1B approval notice with USCIS, or concerns about impacted H-1B visa holders traveling internationally with an incorrect H-1B approval notice, contact your Greenberg Traurig attorney.

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Photo of Cole F. Heyer Cole F. Heyer

Cole F. Heyer has been working in the immigration field for over a decade and has wide-ranging experience in both family-based and employment-based immigration matters. Prior to joining GT in 2015, Cole worked at a high-volume family-based immigration practice where he represented clients

Cole F. Heyer has been working in the immigration field for over a decade and has wide-ranging experience in both family-based and employment-based immigration matters. Prior to joining GT in 2015, Cole worked at a high-volume family-based immigration practice where he represented clients before the Atlanta Immigration Court and the U.S. Citizenship and Immigration Services (USCIS).

At GT, Cole focuses his practice on representing domestic and multinational employers before the USCIS, the U.S. Department of Labor (DOL), the U.S. Department of State (DOS), and Immigration and Customs Enforcement (ICE) on virtually all issues that employers may face in the employment context with immigration.

Specifically, Cole represents and advises employers, ranging from small, start-up companies to Fortune 50 companies, in all areas of employment-based immigration matters, including nonimmigrant visa categories (B, E-1/2, E-3, F, H-1B, H-3, J, L-1A/B, O, TN, R), permanent residence (PERM, Extraordinary Ability/Outstanding Researchers, Multinational Managers and National Interest Waivers), naturalization, and DACA. He services companies in all industries, including pharmaceuticals, medical device, oil & gas, retail and fashion, IT, financial services, and food & beverage on U.S. employment-based immigration, compliance and enforcement actions, and global immigration. Cole also assists with GT’s federal litigation practice concerning immigration matters.

Finally, Cole advises employers with I-9 compliance by providing onsite training, internal audits and reviews, and deploying best practices to minimize exposure and liabilities in the event of ICE investigations and audits. As part of this practice, Cole has worked directly with ICE on I-9 audits to negotiate on behalf of employers that he represents.