What questions should an employer ask a potential hire before proceeding with an H-1B COE case?

We recommend that the following questions be asked –

  1. Is the foreign national still actively employed with their current H-1B employer?
  2. When did they first obtain H-1B status/How much H-1B time have they already used?
  3. Has a green card process been started for the foreign national?
  4. If yes, where exactly are they in the process (i.e. labor certification approved, I-140 Immigrant Petition approved, I-485 adjustment of status application pending, etc.)?
  5. Is their current H-1B employer an institution of higher education, a non-profit organization affiliated with an institution of higher education, a non-profit research institution, or governmental research organization?