MUMBAI: Data launched lately through the United States Citizenship and Immigration Services (USCIS), for the primary six months of US fiscal 2019 (Oct 1, 2018 up to March 31, 2019), displays that the agency persisted extreme scrutiny of H-1B programs.
Additional evidence used to be sought in a lot of instances from sponsoring employers to justify the visa application. Analysis done through TOI, shows that RFEs have been sought in 48% of the H-1B programs (for each preliminary visa and extensions) that have been disposed-off all through the primary six months of fiscal 2019. This is up through 1% as compared to the corresponding duration ultimate yr. Nearly 95,050 RFE comparable programs have been adjudicated through USCIS all through the primary part of fiscal 2019, as compared to 88,630 all through the six month ended March 31, 2018.
Country-wise data has not been launched, but a significant portion (more than 60%) of preliminary H-1B visas are issued to Indians, with the percentage of H-1B extensions granted being even upper.
A vital takeaway, which displays the rising challenges in obtaining H-1B visas, particularly through IT provider firms, that place their H-1B employees at third birthday celebration (customer) sites, is the spike in denials of the programs, after the additional information is submitted to USCIS below an RFE.
The approval charge of H-1B programs, after obtaining additional information from the sponsoring employers, declined to 60.5% all through the primary six months of fiscal 2019. Only, 57,500 programs have been approved, as in opposition to the 95,050 programs that have been subject to the RFE procedure. The RFE approval ratio within the corresponding duration of the former fiscal used to be upper at 62.3%.
This decline of just about 2 proportion points shows that vetting of H-1B programs, for each preliminary programs and extensions (for those employees already in america) has turn into stricter.
The RFE approval ratio used to be as prime as 83% in fiscal 2015 and has been often shedding. It used to be right down to 74% in fiscal 2017 and for all the fiscal of 2018, it used to be the same because the part once a year figure of 62.3%.
Mitchell Wexler, spouse, at Fragomen, a global immigration law firm says: “The declining approvals and higher rates of RFE noticed within the first part of fiscal 2019, are consistent with the continued prime scrutiny of H-1B programs, pursuant to the Buy American, Hire American government order.”
By issuing an RFE, USCIS seeks further evidence prior to it adjudicates an H-1B application. If the evidence submitted, say to prove that the job is a speciality career, does not satisfy USCIS officials, the applying is rejected. RFEs cast an additional burden at the sponsoring firms – each relating to time and cost.
These figures corroborate an previous protection through TOI, in its edition dated February 26 for fiscal 2018, which showed that IT provider firms bore the brunt of RFEs and corresponding denials.
Nearly 1.57 lakh H-1B programs have been approved all through the primary six months ended March 31, 2019, as opposed to a slightly decrease selection of 1.53 lakh within the corresponding previous duration. However, in proportion terms, the overall approval charge fell to 79.5% within the first part of fiscal 2019, down from 81% within the corresponding six months of fiscal 2018.
Additional evidence used to be sought in a lot of instances from sponsoring employers to justify the visa application. Analysis done through TOI, shows that RFEs have been sought in 48% of the H-1B programs (for each preliminary visa and extensions) that have been disposed-off all through the primary six months of fiscal 2019. This is up through 1% as compared to the corresponding duration ultimate yr. Nearly 95,050 RFE comparable programs have been adjudicated through USCIS all through the primary part of fiscal 2019, as compared to 88,630 all through the six month ended March 31, 2018.
Country-wise data has not been launched, but a significant portion (more than 60%) of preliminary H-1B visas are issued to Indians, with the percentage of H-1B extensions granted being even upper.
A vital takeaway, which displays the rising challenges in obtaining H-1B visas, particularly through IT provider firms, that place their H-1B employees at third birthday celebration (customer) sites, is the spike in denials of the programs, after the additional information is submitted to USCIS below an RFE.
The approval charge of H-1B programs, after obtaining additional information from the sponsoring employers, declined to 60.5% all through the primary six months of fiscal 2019. Only, 57,500 programs have been approved, as in opposition to the 95,050 programs that have been subject to the RFE procedure. The RFE approval ratio within the corresponding duration of the former fiscal used to be upper at 62.3%.
This decline of just about 2 proportion points shows that vetting of H-1B programs, for each preliminary programs and extensions (for those employees already in america) has turn into stricter.
The RFE approval ratio used to be as prime as 83% in fiscal 2015 and has been often shedding. It used to be right down to 74% in fiscal 2017 and for all the fiscal of 2018, it used to be the same because the part once a year figure of 62.3%.
Mitchell Wexler, spouse, at Fragomen, a global immigration law firm says: “The declining approvals and higher rates of RFE noticed within the first part of fiscal 2019, are consistent with the continued prime scrutiny of H-1B programs, pursuant to the Buy American, Hire American government order.”
By issuing an RFE, USCIS seeks further evidence prior to it adjudicates an H-1B application. If the evidence submitted, say to prove that the job is a speciality career, does not satisfy USCIS officials, the applying is rejected. RFEs cast an additional burden at the sponsoring firms – each relating to time and cost.
These figures corroborate an previous protection through TOI, in its edition dated February 26 for fiscal 2018, which showed that IT provider firms bore the brunt of RFEs and corresponding denials.
Nearly 1.57 lakh H-1B programs have been approved all through the primary six months ended March 31, 2019, as opposed to a slightly decrease selection of 1.53 lakh within the corresponding previous duration. However, in proportion terms, the overall approval charge fell to 79.5% within the first part of fiscal 2019, down from 81% within the corresponding six months of fiscal 2018.
Extreme US scrutiny of H-1B aspirants continues
Reviewed by Kailash
on
June 14, 2019
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