H-1B application process to begin tomorrow; to face unprecedented scrutiny

WASHINGTON: The strategy of submitting petitions for H-1B, thought to be as essentially the most sought-after work visa among highly skilled Indian pros, begins on April 2 amidst extraordinary scrutiny through the Trump Administration.
A strong indication is coming from US Citizenship and Immigration Services (USCIS), the federal agency which is responsible to procedure all H-1B visas, that there will likely be zero tolerance through it for even minor errors.

Chatter at more than a few social media platforms and groups indicate that immigration lawyers this time be expecting a far prime rate of rejection.

The H-1B visa is a non-immigrant visa that allows US firms to employ foreign workers in speciality occupations that require theoretical or technical experience. The era firms depend on it to hire tens of hundreds of workers each year from international locations like India and China.

The H-1B visa has an annual numerical restrict cap of 65,000 visas each fiscal year as mandated through the Congress. The first 20,000 petitions filed on behalf of beneficiaries with a US master's level or upper are exempt from the cap.

Days ahead of the beginning of the H-1B visa utility procedure for the fiscal year 2019, beginning October 1 this year; USCIS warned that every one replica packages could be matter to rejection. In earlier years submitting of replica petitions, through firms, in order that candidates will have larger chance in getting during the lottery had develop into an ordinary observe.

USCIS has also mentioned that it will reject H-1B petitions asking for an previous employment start date or a start date of "As Soon As Possible" or "ASAP."

Expecting an enormous rush of utility beginning tomorrow and larger scrutiny of all petitions, which would require a lot more guy hours, USCIS has also quickly suspended top rate processing.

"We will announce the start date for premium processing in the near future," USCIS mentioned.

As of now, USCIS has now not indicated if it plans to move for a computerised draw of loads as has been the case in earlier years after receiving a number of 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 mentioned.

If the applicant is seeking an extension of stay or trade of status, he/she must include evidence to determine that the beneficiary will maintain a sound non-immigrant status during the employment start date being requested, USCIS mentioned in its submitting guidelines.

Given the overall marketing campaign in opposition to highly skilled Indian pros, the packages through Indian firms are likely to face a greater scrutiny of some of these petitions. As in the earlier years, Indian firms must pay a lot more price according to utility than the ones from different international locations. On a median they're required to pay $6,000 to the government according to H-1B utility.

And through then time the a hit applicant seem ahead of the American diplomatic missions -- embassies and consulates - for a proper visa interview and stamping on their passport, they might should be in a position with details of the social media profile, emails and call numbers in the last 5 years.

On Friday, the State Department issued a proper notification in this regard which would come into force after 90 days.


Ahead of the H-1B visa submitting procedure, USCIS mentioned this work visa must lend a hand US firms recruit highly-skilled foreign nationals when there's a scarcity of qualified workers in the country.


"Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. Employers who abuse the H-1B visa program may negatively affect US workers, decreasing wages and opportunities as they import more foreign workers," it mentioned.


Protecting American workers through preventing fraud in our employment-based immigration methods is a priority for USCIS, it mentioned, adding that it's furthering its efforts through enhancing and extending website online visits, interviews, and investigations of petitioners who use the H-1B visa programme.


"These efforts will help assist in the prosecution of program violators and ensure that American workers are not overlooked or replaced in the process," USCIS mentioned.
H-1B application process to begin tomorrow; to face unprecedented scrutiny H-1B application process to begin tomorrow; to face unprecedented scrutiny Reviewed by Kailash on April 01, 2018 Rating: 5
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