Trump administration red tape tangles up H-1B visas for skilled foreigners, data shows

[greensboro]

WASHINGTON (Reuters) - The Trump administration is making it more difficult for skilled foreigners to work in the United States, challenging visa applications more often than at nearly any point in the Obama era, according to data reviewed by Reuters.   

The more intense scrutiny of the applications for H-1B visas comes after President Donald Trump called for changes to the visa program so that it benefits the highest-paid workers, though he has not enacted any such reforms.

Data provided by U.S. Citizenship and Immigration Services shows that between Jan. 1 and Aug. 31, the agency issued 85,000 challenges, or “requests for evidence” (RFEs), to H-1B visa petitions - a 45 percent increase over the same period last year. The total number of H-1B petitions rose by less than 3 percent in the same period.

The challenges, which can slow down the issuance of visas by months, were issued at a greater rate in 2017 than at any time in the Obama administration except for one year, 2009, according to the USCIS data, which has not been previously reported.

 

The trend is likely to cheer supporters of Trump’s hardline stance on immigration. They say visas for skilled foreigners undercut American workers by replacing them with low-paid employees shipped in from abroad. But major tech companies, universities and hospitals contend the visas allow them to fill highly specialized jobs for which there are sometimes few qualified Americans.

H-1B visas allow foreign workers, generally with bachelor's degrees or higher, to work for three years at a time, often in the technology, healthcare and education sectors. Microsoft (MSFT.O), Amazon (AMZN.O), Google (GOOGL.O), Apple (AAPL.O), Intel (INTC.O), Oracle (ORCL.N) and Facebook (FB.O) were heavy users of H-1B visas in 2016, according to USCIS data.

 

The USCIS inquiries typically challenge the basis of the original petitions and assert that the employers do not qualify for the visas. Employers and their lawyers must then provide further evidence to prove their need and eligibility for the visas.

To be sure, the Obama administration also issued a large number of H-1B challenges – nearly 59,000 - from January through August 2016, and a similar number in 2015.

Immigration attorneys have for years complained about redundant and burdensome challenges to high-skilled employment visas. But they say they are seeing a new trend in the Trump era.

In addition to querying applications more often, the Trump administration is targeting entry-level jobs offered to skilled foreigners. The lawyers say this violates the law governing H-1Bs, because it allows for visa holders to take entry-level jobs.

Several attorneys said they view the increase in challenges and focus on entry-level jobs as a stealth campaign by the administration against the H-1B program in the absence of public regulatory changes or changes passed by Congress, which could be debated and decided in the open.

“One way to have an immigration policy that’s consistent with the policy that’s been articulated by the Trump administration is to put more scrutiny on H-1B cases,” said Cyrus Mehta, a New York-based immigration attorney.

USCIS spokesman Robert C. Langston did not directly address the new trend identified by lawyers or the sharp spike in RFEs this year. In an email, he said the agency is applying “currently existing policy that interprets existing statutory and regulatory requirements to evaluate petitions.”

CLOSING LOOPHOLES

Partners HealthCare is a healthcare system that includes Massachusetts General Hospital and Brigham and Women’s Hospital, two prestigious teaching hospitals for Harvard Medical School. It has received more than 50 RFEs from USCIS so far this year, compared to fewer than 15 all of last year in response to a similar number of H-1B petitions, said Anthony Pawelski, an immigration attorney who handles H-1B applications for Partners.

USCIS questioned the hospitals’ connection to the university even though their applications included proof of their non-profit status, a 1948 agreement between Harvard Medical School and the hospitals and even text from the hospitals’ website referencing a 200-year history with the university, Pawelski said.

 

[TampaChinnodu]

[chedugudu_chidambaram]

deeni saramsam ento okka mukkalo cheppu bhayya..

 

 

1) Positive for us or not?

 

2) why?

[Sreeven]

Vaadu veedu ani teda lekunda h1 ante bayataki tosai...

[princeofheaven]

i will forever end H1B as  a source of cheap labour - DT

#MAGA

[CVR]

GCs lekka idi kooda 

[princeofheaven]

1 minute ago, CVR said:

GCs lekka idi kooda 

H1B ki kuda per country limit petteste daridram potadi andaru happy ga India vellipovachu

[JANASENA]

Data provided by US Citizenship and Immigration Services shows that between Jan. 1 and Aug. 31, the agency issued 85,000 challenges, or "requests for evidence" (RFEs), to H-1B visa petitions - a 45 percent increase over the same period last year. The total number of H-1B petitions rose by less than 3 percent in the same period. 

[CVR]

2 minutes ago, princeofheaven said:

H1B ki kuda per country limit petteste daridram potadi andaru happy ga India vellipovachu

adi kooda ostadi raaja....mundu GCs easy ga ostunde, H1B meeda restrictions lekunde ippudu entha edvaalo antha edustaar....

[Idassamed]

1 minute ago, JANASENA said:

Data provided by US Citizenship and Immigration Services shows that between Jan. 1 and Aug. 31, the agency issued 85,000 challenges, or "requests for evidence" (RFEs), to H-1B visa petitions - a 45 percent increase over the same period last year. The total number of H-1B petitions rose by less than 3 percent in the same period. 

Very nice

[JANASENA]

Just now, Idassamed said:

Very nice

Looks like RFEs baaga paduthunnay anukunta. 

[Idassamed]

Just now, JANASENA said:

Looks like RFEs baaga paduthunnay anukunta. 

Avunu baa, maa Mesthri vesina 3 new H1Bs picked but with 3 RFEs each

[MeetFriendz]

3 minutes ago, JANASENA said:

Looks like RFEs baaga paduthunnay anukunta. 

For new 2018 h1b kadha ... did any one got approved after responding to their RFEs?

[JANASENA]

3 minutes ago, Idassamed said:

Avunu baa, maa Mesthri vesina 3 new H1Bs picked but with 3 RFEs each

Just now, MeetFriendz said:

For new 2018 h1b kadha ... did any one got approved after responding to their RFEs?

 

[Idassamed]

5 minutes ago, JANASENA said:

 

Not yet. Still waiting to respond, Attorney aithe let's wait and reply antunnadu anta