WASHINGTON,D.C. - The process of filing petitions for H-1B, considered the most sought-after work visa among highly skilled Indian professionals, began on April 2 amidst unprecedented scrutiny by the Trump Administration. A strong indication has come from the US Citizenship and Immigration Services or USCIS, the federal agency which is responsible to process all H-1B visas, that there will be zero tolerance by it for even the minutest of errors.
Reports suggest that immigration attorneys this time expect a much high rate of rejection. ndian IT companies have dramatically reduced their H-1B visa filings and foreign nationals are exhibiting reluctance to make the jump to a US company due to the Trump administration’s hardline anti-immigration stance, a top Silicon Valley newspaper has said.
San Francisco Chronicle’s editorial board has said applicants for the H-1B visa program are anticipating the hardest process in many years. “That’s affected both the applicants and the companies that employ them,” it said.
“Indian consulting firms, which have been accused of flooding the system with applications, have dramatically reduced their filings. Foreign nationals are exhibiting new reluctance to make the jump to a US company,” the paper said as the process for filing H-1B visa application for the 2019 fiscal beginning October 1, kicked off.
The Trump administration’s hard-line anti-immigration stance is taking its toll, the daily said.
Envoy Global, a technology-oriented immigration services provider, reports that 26 per cent of employers it surveyed have had to delay projects, and 22 per cent of them have relocated work overseas as a result of the current uncertainties in the US immigration system, San Francisco Chronicle said.
The daily argued that study after study has shown that foreign-born workers are good for the US economy and good for US-born workers. “When companies are allowed to hire the workers with the best skills for the job regardless of where those workers happen to have been born their increased competitiveness boosts all the industries around them,” it said.
According to The Wall Street Journal, evidence suggests market demand for H-1B visas is ebbing.
Daniel Culbertson, economist at Indeed Hiring Lab, says “searches related to the H-1B visa, as a share of all searches on Indeed.com, have consistently declined through 2017 and into 2018. In February 2018, searches for H-1B as a share of all searches on our site are down nine percent from the 2017.” Daniel Culbertson, economist at Indeed Hiring Lab, says “searches related to the H-1B visa, as a share of all searches on Indeed.com, have consistently declined through 2017 and into 2018. In February 2018, searches for H-1B as a share of all searches on our site are down nine percent from the 2017.”
The H-1B visa has an annual numerical limit cap of 65,000 visas each fiscal year as mandated by the Congress. The first 20,000 petitions filed on behalf of beneficiaries with a US master’s degree or higher are exempt from the cap.
Days ahead of the start of the H-1B visa application process for the fiscal year 2019, beginning October 1 this year; USCIS warned that all duplicate applications would be subject to rejection. In previous years filing of duplicate petitions, by companies, so that applicants could have greater chance in getting through the lottery had become a normal practice.
USCIS has also said that it will reject H-1B petitions requesting an earlier employment start date or a start date of “As Soon As Possible” or “ASAP.” “We will announce the start date for premium processing in the near future,” USCIS said.
As of now, USCIS has not indicated if it plans to go for a computerised draw of lots as has been the case in previous years after receiving several times more than the Congressional mandated cap of H-1B visas. “Complete all sections of the form accurately The petitioner should include a copy of the beneficiary’s valid passport,” USCIS said. If the applicant is seeking an extension of stay or change of status, he/she should include evidence to establish that the beneficiary will maintain a valid nonimmigrant status through the employment start date being requested, USCIS said in its filing tips. Given the general campaign against highly skilled Indian professionals, the applications by Indian companies are likely to face a greater scrutiny of all these petitions. As in the previous years, Indian companies would have to pay much more fee per application than those from other countries. On an average they are required to pay $6,000 to the federal government per H-1B application. And by then time the successful applicant appear before the American diplomatic missions -- embassies and consulates for a formal visa interview and stamping on their passport, they would have to be ready with details of the social media profile, emails and phone numbers in the last five years. On March 30,the State Department issued a formal notification in this regard which would come into force after 90 days.
San Francisco Chronicle’s editorial board has said applicants for the H-1B visa program are anticipating the hardest process in many years. “That’s affected both the applicants and the companies that employ them,” it said.
“Indian consulting firms, which have been accused of flooding the system with applications, have dramatically reduced their filings. Foreign nationals are exhibiting new reluctance to make the jump to a US company,” the paper said as the process for filing H-1B visa application for the 2019 fiscal beginning October 1, kicked off.
The Trump administration’s hard-line anti-immigration stance is taking its toll, the daily said.
Envoy Global, a technology-oriented immigration services provider, reports that 26 per cent of employers it surveyed have had to delay projects, and 22 per cent of them have relocated work overseas as a result of the current uncertainties in the US immigration system, San Francisco Chronicle said.
The daily argued that study after study has shown that foreign-born workers are good for the US economy and good for US-born workers. “When companies are allowed to hire the workers with the best skills for the job regardless of where those workers happen to have been born their increased competitiveness boosts all the industries around them,” it said.
According to The Wall Street Journal, evidence suggests market demand for H-1B visas is ebbing.
Daniel Culbertson, economist at Indeed Hiring Lab, says “searches related to the H-1B visa, as a share of all searches on Indeed.com, have consistently declined through 2017 and into 2018. In February 2018, searches for H-1B as a share of all searches on our site are down nine percent from the 2017.” Daniel Culbertson, economist at Indeed Hiring Lab, says “searches related to the H-1B visa, as a share of all searches on Indeed.com, have consistently declined through 2017 and into 2018. In February 2018, searches for H-1B as a share of all searches on our site are down nine percent from the 2017.”
The H-1B visa has an annual numerical limit cap of 65,000 visas each fiscal year as mandated by the Congress. The first 20,000 petitions filed on behalf of beneficiaries with a US master’s degree or higher are exempt from the cap.
Days ahead of the start of the H-1B visa application process for the fiscal year 2019, beginning October 1 this year; USCIS warned that all duplicate applications would be subject to rejection. In previous years filing of duplicate petitions, by companies, so that applicants could have greater chance in getting through the lottery had become a normal practice.
USCIS has also said that it will reject H-1B petitions requesting an earlier employment start date or a start date of “As Soon As Possible” or “ASAP.” “We will announce the start date for premium processing in the near future,” USCIS said.
As of now, USCIS has not indicated if it plans to go for a computerised draw of lots as has been the case in previous years after receiving several times more than the Congressional mandated cap of H-1B visas. “Complete all sections of the form accurately The petitioner should include a copy of the beneficiary’s valid passport,” USCIS said. If the applicant is seeking an extension of stay or change of status, he/she should include evidence to establish that the beneficiary will maintain a valid nonimmigrant status through the employment start date being requested, USCIS said in its filing tips. Given the general campaign against highly skilled Indian professionals, the applications by Indian companies are likely to face a greater scrutiny of all these petitions. As in the previous years, Indian companies would have to pay much more fee per application than those from other countries. On an average they are required to pay $6,000 to the federal government per H-1B application. And by then time the successful applicant appear before the American diplomatic missions -- embassies and consulates for a formal visa interview and stamping on their passport, they would have to be ready with details of the social media profile, emails and phone numbers in the last five years. On March 30,the State Department issued a formal notification in this regard which would come into force after 90 days.
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