• google
  • facebook
  • twitter
  • linkedin
  • rss
Tag archive

Work in US

Denial Rate of H-1B Visa at New Peaks

in USA Immigration by

Denial Rate of H-1B Visa at New PeaksAccording to H-1B Employer Data Hub, introduced by U.S. Citizenship and Immigration Services (USCIS), the rate of denial of H-1B petitions is at a very high level compared to last year’s figure.

When H-1B data was introduced, there were fears that it will generate negative attention towards firms and individuals with H-1B visa holders, but it has now proven to be very vital perhaps more than anticipated by USCIS itself. The data shows that USCIS denies an H-1B visa at a rate that is obviously without legal authority.

According to an analysis of USCIS data by a National Foundation for American Policy (NFAP), the rate of H-1B visa denial in the first quarter of 2019 is at an alarming 32% compared to the 5% seeing in the first quarter of 2015.

The denial rate for new H-1B petitions quadrupled between FY 2015 and FY 2018 from 6% to 24% according to the analysis. This is a stark contrast compared to what was obtainable between 2010 and 2015 when the rate of denial of H-1B petitions did not go beyond 8%.

Standard of Proof

According to attorneys and employers, the reason for the jump in denial rate is the increased standard of proof put in place by USCIS and its adjudicators. They said the new standard of proof for the approval of H-1B petition is not backed by any new law or regulation.

Managing partner of Goel & Anderson, attorney Vic Goel, said some of the policies of Mr. Trump’s administration, for example, the “Buy American and Hire American” executive order of 2017, have had serious effects on H-1B visas.

High skilled foreign nationals and international students are able to work long term in the US by getting the H-1B visa.

To get your possible Immigration options, approach Immigration News now, and we will also evaluate your profile with our Immigration experts and advise you whether you are qualified to apply or not.

Current H-1B Visa Policies Darken IT Talent Outlook

in USA Immigration by

Current H-1B Visa Policies Darken IT Talent Outlook As the USCIS begin to receive applications for H-1B visas for 2020 fiscal year, the program has been attacked. Employers, politicians, and employees have expressed a high level of frustration towards the program, while since 2017, filings have reduced to 20%. More destruction is expected this year which has led to the wide speculation that the 29-old program may soon be headed for a complete crash.

What are the issues surrounding the fall in the H-1B application?

The availability of talented workers is excluded from such causes. China produces 10% of H-1B workers while 52% are from India. The workforce from these countries alone, excluding potentials from Canada, South Korea or Japan, is enough to meet the 85,000 H-1B visa allocations for 10 years and beyond.

As informed by a US Industry Trade group CompTIA, the unfilled IT jobs in the country is presently up to 732,000, as such, less demand for tech workers cannot be listed among the causes.

Some causes of the decline in filings of H-1B visas applications are

  • Administrative bottlenecks before sponsoring foreign workers
  • High cost – $1500 non-refundable fee, plus filing fee and other expenses incurred by firms which could tally up to $20,000 for a single application.
  • Rigid enforcement of the president’s executive order – “Buy American, Hire American” which has led to the increase in rejections of visa applications annually.

Another significant blow will be a new policy which is still under consideration. According to reports, a recommendation has been drafted by the agency and forwarded to the white house office of management and budget to approve the annulment of H-4EAD visas which will hereby restrict the spouses of H-1B holders from living and working in the country.

According to a policy analyst at the Migration Policy Institute, Sarah Pierce, the approval and implementation of such recommendation would be devastating to H-1B family members as they would either be forced to separate from family or self deport.

Furthermore, the greatest threat to the H-1B visa is the implementation of the current technology. Presently, robotic science, AI algorithm which does not need a visa, are replacing the workers who did IT jobs like applications developments, coding, IT services, etc. With this, the visa programme must focus on hiring talents in blockchain Technology, cybersecurity, artificial intelligence, and the likes in order to remain significant.

The selection process of the current H-1B visa is scattered, and the tactical proposals by the USCIS to fix it endangers it the more. The administration should understand that H-1B visa or other potential future visa programs should be implemented in a way that will accommodate international talents and skilled workers, which will help promote the country economically.

To get your possible Immigration options, approach Immigration News now, and we will also evaluate your profile with our Immigration experts and advise you whether you are qualified to apply or not.

US to Grant More Visas for Seasonal Workers

in USA Immigration by

US Grants more H-2B to Seasonal workersOn Friday, the Cape Cod Chamber of Commerce announced that the Homeland Security Department had endorsed an extra 30,000 H-2B visas for international seasonal workers. This new development is a relief to the Cape Cod businesses and other tourist zones which couldn’t find sufficient American workers to hire.

The number of H-2B visas allocated this season is more than what was allocated the past years, and this is surprising considering that the President further tightened ropes of immigration in the country by alarming to close the US-Mexico borders on Friday.

However, accessing foreign labor is a significant challenge for seasonal businesses which have struggled with a shortage of workers for years. Even at that, islands and cape employers complained that workers aren’t still enough.

Visa Allocation still insufficient

The already 33,000 issued visas for jobs which will begin on 1st April, in addition to the new visas announced, will be obtainable by the returning H-2B workers who have worked in the country for the past 3 years. However, mention is not made as to when applications should be sent in by employers.

The demand for the new visas is high in the US due to the tight Labour market and the unwillingness of Americans to do seasonal jobs.

The president of Cape Cod Chamber of Commerce, Wendy Northcross said that about 1000 additional workers are needed this year even though the business on the Islands and cape have about 2,500 applications for H-2B workers. As such, in as much as this additional visa is helpful, it is not enough for the local employers.

According to the Labour Department, when the process of certification for the initial 33,000 slots opened on midnight of 1st January, 97,800 workers requests were submitted within the first five minutes, and this intense volume crashed the system.

With this shortage of workers, there is no growth in seasonal business opportunities.

Every year, 33,000 visas are allocated for winter and summer periods. It was increased by 15,000 last year by the Kirstjen Nielsen, the Homeland Security secretary and 15,000 the year before.

This decision was made by the Homeland Security secretary this year after consultation with Alexander Acosta, the Labor secretary, while determining that no harm came to the American workers.

The agency further stated that those in the right position to call out the actual number of H-2B visas needed by the businesses in America without causing harm to the American workers is Congress.

To get your possible Immigration options, approach Immigration News now, and we will also evaluate your profile with our Immigration experts and advise you whether you are qualified to apply or not.

H-1B Visa Nominations from IT Firms Likely to see a Steep Drop this Year

in Visas by

H-1B nominations may fall greatly this year From April, the filings of H-1B visa for FY2020 will be accepted by the US.

Normally, this period is greeted with excitement and displeasure on the other hand because only a few employees get nominated. But since 2017, this happiness has been replaced by uncertainty as the administration of Donald Trump have tightened the regulations governing visa, and this has resulted in more rejection and mass emigration of Indians from the United States.

As such, the grand American dream and the H-1B visa slowly began to lose its charm.

A project manager in a prominent IT company located in India, Karthikeyan Palanisamy said that the desire of obtaining an H-1B visa has 99.9% negativity, as individuals are no longer enthused with the prospect of being nominated for an H-1B visa due to the negativity surrounding it.

Rejected applications have risen in number

Statistics gotten from the United States Citizenship and Immigration Services (USCIS) shows that in the last quarter of 2018, about 60% of companies that applied for a visa for foreign workers, were requested for more information. This is compared to 28% and 46% in 2016 and 2017 respectively. Approval rates for 2018 last quarter dropped to 75% as against 83% and 92% in 2017 and 2016 respectively.

Again, changes in the visa rules are set by the USCIS every few months. Hence, companies are decreasing the numbers of the nominations for H-1B, and even the employees are not even enthused about getting one due to the complications.

A project manager said that while about 10,000 – 15,000 nominations were always witnessed years back, this year is likely to have only 3,000 nominations and even at that, there is uncertainty about those who will get a visa and those who will actually travel if they did get the visa.

Therefore, the existing visa holders in the country are being utilized by the companies, rather than wasting resources. This is an advantage for those in the US as demand is high, but the supply of talents is low especially in Machine learning, cloud, and Artificial intelligence.

Apart from all these, the IT employees are no longer interested in working in the country anymore; hence, they are now looking for a non-US visa which they consider less stressful.

H-1B Visa Process Trivia

For H-1B visa, there is a cap of 20,000 for Master’s (only eligible for US Masters) and 65,000 for regular quota respectively.

H-1B papers filings begin from 1st April 2019. Once filed, the H-1B petitions are processed through a lottery process where the H-1B employees are chosen, though changes have been made recently to the processes of selection.

The processing fee, as of FY2018, for one H-1B visa varies between $1,600 and $7,400, with attorney fees in addition.

To get your possible Immigration options, approach Immigration News now, and we will also evaluate your profile with our Immigration experts and advise you whether you are qualified to apply or not.

Latest Announcement of Premium Processing of H-1B visa Creates Uproar

in USA Immigration by

Last minute H-1B visa announcement brings chaosAccording to Business Immigration Attorneys, an announcement on the premium processing by the United States Citizenship and Immigration Services (USCIS), just before the deadline of H-1B visas filing on April 1 (less than 2 weeks), has created an uproar.

The greatest impact of this will be felt by the international students who want to obtain an H-1B visa in order to work in the country.

USCIS announced the premium processing current procedure on 19 March 2019. According to the Service, from 1st April, H-1B visa applicants under FY 2020 cap-subject, who request changing their status on form I-129 (Petition for a Nonimmigrant Worker) may ask premium processing by filling Form I-907(Request for Premium Processing Services) concurrently.

It also stated that the processing will not occur till 20 May 2019, which the public will be notified of.

With premium processing, an application will be completed within fifteen days with $1,410 as Surcharge. But, with the premium processing, it would take ten to thirteen months for decisions to be gotten from USCIS concerning H-1B cases.

Chaos and Problems

This newly announced set of processing has caused an uproar among business clients in various law offices.

According to William Stock of Klasko Immigration Law Partners ILP, the processing is for some H-1B visas cases not all, but a lot of cases which have already been sorted and finalized will need to be redone again with new forms attached.

It is ironic that the individuals who will benefit from the procedures will feel the most impact.

Stock said that those who will gain from the petitions of H-1B, especially the University graduates in the United States, will prefer to use premium processing to file their petitions, as this will result in with them getting a petition receipt emailed them.

According to him, the only significant difference for the beneficiaries is that they will get emailed petition receipt while others not under the premium processing will have to wait for 2 weeks for the receipt to be mailed.

A Partner at Parker, Butte and Lane, Dagmar Butte, said that even though the processing will bring put the students’ minds at rest, it will be problematic for the International students as subsequently, they will be asked to bring Request for Evidence & probably Notice to Appear if they cannot prove that they maintained a nonimmigrant status always.

Today, the administrative action on immigration is being viewed from what happened 2 years ago. Requests for Evidence increased in those few years, as well as policy actions which were designed to prevent highly skilled foreign citizens from being hired in the country and also rising denial rates.

Hence, the presentation of a policy by USCIS on such short notice to harden situations for the holders of H-1B visa, United States employers and international students isn’t surprising.

To get your possible Immigration options, approach Immigration News now, and we will also evaluate your profile with our Immigration experts and advise you whether you are qualified to apply or not.

USA: H1B Visa Holders want Government to Clear Green Card Backlog

in USA Immigration by

USA: H1B Visa Holders want Government to Clear Green Card BacklogOn Sunday, a rally was held outside the white house by a group that consists mainly of Indian H1B visa holders who are clamoring for immigration law reforms in favour of migrants in the US legally.

The Sunday afternoon rally was organized by Republican Hindu Coalition (RHC), an organization that is said to be a voice for the Hindu American community.

The Demands

The protesting group wants the US government to clear the green card backlog within a period of 1-5 years against what is obtainable at the moment which could run to decades for Indians seeking green cards that are employment based.

Besides, the group wants the country to give legal childhood arrivals (LCAs) benefits that are due individuals brought illegally to the US as minors.

In the previous administration, about 700,000 LCAs were protected via a program called Deferred Action for Childhood Arrivals (DACA). There is currently a court case regarding the DACA program as President Trump seeks to end the program.

Holders of H1B visa, whose spouses and children are given H4-dependent visas, are demanding that green cards be given to H4 children immediately to make it possible for them to remain in the US after turning 21 without the need of switching to another visa category.

One of the leaders of the rally, Jyotsna Sharma, said the future of such children should not be held at ransom because they have done nothing wrong.

Several placards were held aloft during the rally – some say DALCA, kids deserve better, and some others tell Stop Abusing Legal Immigrants.

To get your possible Immigration options, approach Immigration News now, and we will also evaluate your profile with our Immigration experts and advise you whether you are qualified to apply or not.

New H-1B System Favours Foreigners in US Colleges

in USA Immigration by

New H-1B System Favours Foreigners in US CollegesProfessionals with higher education from countries like India and China could be impacted as a new H-1B visa filing rule was announced by the United States. Under the new rule that will commence in April, foreign workers that have advanced qualifications from universities in the US will be given priority.

H-1B visa is a nonimmigrant visa used by companies in the US when recruiting foreign workers for specialty occupations requiring technical or theoretical expertise.

This final rule reversed US Citizenship and Immigration Services (USCIS) order of selecting H-1B petitions regular cap and advanced degree exemption.

Benefit for Both Employers and Employees

The new rule which was published in the Federal Register on Thursday includes the introduction of electronic registration requirement for petitioners filing H-1B petitions among other things. It should be noted that the electronic registration requirement will not be used for the 2020 fiscal year according to USCIS.

The director of USCIS, Francis Cissna, said these simple but smart changes are of great help to all parties involved – employers, foreigner workers and agency’s adjudicators.

The new rule is according to Mr. Trump’s promise earlier this month. He promised to change the visa in a way to holders stay in the US and hasten citizenship process

It will reduce the overall costs incurred by employers as well as enhance government efficiency according to the director. He said the new rule is a representation of the agency’s work with the president to improve the country’s immigration system.

H-1B visa is valid for three years and renewable for another three. 65,000 H-1B visa is granted annually with another 20,000 reserved for people with advanced degrees from US higher education institutions. Often, the lottery system is triggered when the demand for this visa exceeds the supply.

To get your possible Immigration options, approach Immigration News now, and we will also evaluate your profile with our Immigration experts and advise you whether you are qualified to apply or not.

US Border Tightened Against Migrant Caravan

in USA Immigration by

US Border Tightened Against Migrant CaravanSecurity measures are being reinforced in the US as hundreds of Central American migrants looking to get asylum in the country reaches Tijuana, the Mexican border city. US military are erecting barricades and laying razor wire.

From among the thousands of migrating caravans making their way to enter the US through Mexico, around 400 migrants broke away. These 400 migrants have become the first batch of the caravan migrants to reach the Mexican border city of Tijuana. They arrived by bus on Tuesday.

The migrants said that they remain unafraid in their attempt to get asylum in the US despite President Trump administration’s aggressive move against them.

A migrant, Kenny Moran, said that it has been a tough month moving from Honduras. He said he left Honduras, with wife and daughter to escape from gang violence and poverty. He also said that the gangs practically make it impossible for you and your family to live. He made it clear that he does not know anyone in the US but knows there is work in Houston.

Human rights organizations revealed that larger groups would arrive in the coming days. An order signed by Trump last Friday has effectively brought suspension to granting of asylum to illegal immigrants. This will inevitably and significantly slow claims at the gate of entry. Nevertheless, immigrants are not deterred.

One of them said he prefers to be in detention in the United States than returning to a country where he knows he might be killed for his difference. Another said he’s willing to remain in Tijuana until the current hype goes down.

Reaction from the US

Jim Mattis, US Defense Secretary, said that he would visit the border today. Lanes at the Otay Mesa and San Ysidro crossings from Tijuana will be closed in order to give the Department of Defense enough room to mount barricades and put barbed wire in place according to US Customs and Border Protection.

To get your possible Immigration options, approach ImmigrationNews now, and we will also evaluate your profile with our Immigration experts and advise you whether you are qualified to apply or not.

Go to Top

Hi! How can we help you?

Click below button to start chat

Chat Icon
chat icon