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Applying for an H-1B visa isn’t a slam dunk anymore

U.S. employers have historically hired foreign workers to fill their specialty roles. They’ve applied for H-1B visas on their behalf to get them here. The U.S. Citizenship and Immigration Services (USCIS) is reportedly making it increasingly harder for them to do this though.

American companies seeking these visas for their workers are receiving increased pushback from USCIS when they apply for H-1B visas on behalf of their prospective employees. They’re being asked to prove that their new workers will have enough to do while they’re living here in the United States. If they can’t do this, then their requests are being denied.

The USCIS isn’t simply taking employers’ promises that there will be work at face value either. They’re issuing requests for evidence (RFEs).

In these letters, they’ve begun requesting a listing of specific projects that these prospective employees are being brought here to work on. They’ve also asked to see actual customer contracts that are in place.

USCIS has started denying companies’ requests for the standard 3-year H-1B work visa. They’ve begun shortening the term to two years instead.

Many legal analysts argue that this increased regulatory oversight has placed unnecessary stress on many employers.

They note that many companies struggle to produce evidence that would show that they have enough work for the H-1B recipient to do for three years. They note that what immigration officials don’t seem to realize is how an increase in workflow could increase at any point during their employee’s time working for them.

It appears that prospective H-1B visa holders are also increasingly being facing pushback from USCIS for another reason as well. Many applicants are being told that they didn’t adequately demonstrate that they qualify to work in a “specialty occupation”.

Applying for work visas has become increasingly difficult in the past few years as the current president tries to focus on growing American enterprise and reducing illegal immigration. Many individuals who once were qualified to come here and welcomed with open arms aren’t finding it as easy to get their applications approved as it was in the past.

An employment-based immigration attorney here in New Orleans can help your Louisiana company if you’re looking to hire foreign workers to fill specialty occupations. They’ll navigate you through the employment visa process, which includes responding to RFEs should USCIS respond with them.