ImmigrationThe LawTips

Understanding the H-1B Visa Petition Process

By February 21, 2018 No Comments
Immigration Attorney

Life in America has never been easy for foreign workers. Between presidential transitions, House and Congressional sessions, and state legislation, laws are constantly changing, making the red tape that much more difficult to navigate.

Who can forget the shocking travel ban in January of 2017? There is no definitive number of those affected, but estimates range from the thousands. Travelers were stranded at airports, had their visas revoked, and were even detained.

With events like these occurring, who wouldn’t be worried about the state of their H-1B visa?

Check out these updated H-1B visa tips to make sure you, your family, or your employees won’t be negatively affected by any unforeseen legal challenges.

Quiet Changes

Although the new administration has previously presented their immigration views loudly, the actual changes are being done behind closed doors. Government employees in the Immigration and State departments are quietly making it more difficult to obtain H-1B visas.

One of the ways they’re doing this is by requesting more official documents from both foreign workers and employers. In fact, their requests for such information increased by 44% between January 2017 and August 2017.

The visa approval rating has dropped from 92% in November 2016, to 86% in November 2017. Of course, these additional requests also have the effect of making the visa process much longer and more difficult – an effective deterrent.

Skills-Based Awarding

Under the new presidential administration, immigration is a big issue. President Trump vowed to address it in part by tightening requirements for H-1B visas.

President Trump’s team has stated that they’re looking to rework the current visa lottery system, specifically targeting the technology industry.

Right now, there is a visa cap of 65,000 for general workers, and an additional 20,000 for foreign workers with a higher degree. The Trump administration hopes to do away with the current, random lottery system, and replace it with one that focuses on skills and merits.

While officials claim this is their goal, others see what’s happening as unfocused roadblocking. Many immigration attorneys claim that all the clients they represent are being thrown endless paperwork, not at all in a reformative way.

H-1B Technology Target

President Trump’s “Buy American and Hire American” Executive Order passed in April 2017 made it clear that policies concerning foreign workers will change. The current administration insists that this is to stop American companies from undercutting American workers by hiring cheap labor.

Despite this hurdle, the federal caps have not be altered. In fact, demand for foreign workers is higher than ever. With the right legal advice, and the right credentials, attaining an H1-B visa is not impossible – just slightly more difficult. Be prepared for the onslaught of paperwork and a delay in your travel plans.

Get More Help

With the current political climate foreign workers face, it’s best to talk to a professional if you have any questions.

At LaSusa & Deb, we help clients in Dallas, Fort Worth, and many surrounding cities attain the visa they need for success. Contact us to find out how we can help you start your dream career in America.