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Dramatic increase in number of H-1B visas being held up?
Last updated on Nov 09, 2018, 05:48 pm
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Claiming there has been a "dramatic increase" in the number of H-1B visas being held up, a coalition of American employers representing top IT companies has alleged that the US Citizenship and Immigration Services (USCIS) is acting outside of its own regulations.
The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical/technical expertise.
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In this articleCoalition not happy with USCIS's current approach to H-1B adjudications Lack of certainty, consistency wreaking havoc among nation's employers: Coalition USCIS acting outside of its own regulations, controlling statute? Coalition says members reported increase of REFs, NOIDs regarding H-1B Changes aren't previewed in necessary regulations, says the coalition Compete America explains the reason behind its allegations against USCIS Complaint: USCIS denied H-1B petitions for occupations having limited jobs
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Details
Coalition not happy with USCIS's current approach to H-1B adjudications
![Coalition not happy with USCIS's current approach to H-1B adjudications]( "Coalition not happy with USCIS's current approach to H-1B adjudications")
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In a letter to Homeland Security and USCIS, the coalition, Compete America, said, "We've observed three changes in H-1B adjudication practices under the current administration that seem to permeate most of the increased H-1B adjudication inconsistencies."
Expressing concerns over legal issues regarding recent changes in adjudication standards, the coalition said USCIS's current approach to H-1B adjudications cannot be anticipated by statutory or regulatory text.
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Information
Lack of certainty, consistency wreaking havoc among nation's employers: Coalition
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The coalition, in its letter dated November 1, said the changes leave employers with a lack of clarity about the agency's practices, procedures, and policies. This lack of certainty and consistency wreaks havoc among the nation's employers, which are hiring high-skilled Americans and foreign-born professionals.
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Allegations
USCIS acting outside of its own regulations, controlling statute?
![USCIS acting outside of its own regulations, controlling statute?]( "USCIS acting outside of its own regulations, controlling statute?")
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Compete America further alleged USCIS appears to be acting "outside of its own regulations and the controlling statute" by requiring petitioners to comply with its current view that a comparatively entry-level job, and corresponding wage-level, cannot be a specialty occupation.
The specific field of study requirement for a specialty occupation means the job must necessitate the completion of a single major or qualifying degree.
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Denials
Coalition says members reported increase of REFs, NOIDs regarding H-1B
![Coalition says members reported increase of REFs, NOIDs regarding H-1B]( "Coalition says members reported increase of REFs, NOIDs regarding H-1B")
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In its letter, Compete America said that its members, including Google, Facebook, and Microsoft, have reported dramatic increases in the issuance of Requests for Evidence (RFEs) and denials regarding H-1B petitions for the last 18 months.
More recently they are experiencing a sharp increase in the issuance of Notices of Intent to Deny (NOIDs) and Notices of Intent to Revoke (NOIRs) concerning H-1B petitions.
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Confusion
Changes aren't previewed in necessary regulations, says the coalition
![Changes aren't previewed in necessary regulations, says the coalition]( "Changes aren't previewed in necessary regulations, says the coalition")
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The coalition said the reported shifts have been perplexing because the agency's changes in approach were unannounced and aren't previewed in the regulations governing a qualifying H-1B specialty occupation that've been in effect since 1991.
USCIS has been denying H-1B petitions exclusively because an entry-level wage is applicable for the specific position, even though the occupation itself is clearly a specialty occupation, it said.
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Quote
Compete America explains the reason behind its allegations against USCIS
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Compete America further added, "Nothing in the statute or regulations suggests that USCIS could ever take the position that it per se excludes or disfavors entry-level jobs in an occupation, or young-professionals working in jobs in an occupation, as qualifying for H-1B specialty occupation approval."
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Details
Complaint: USCIS denied H-1B petitions for occupations having limited jobs
![Complaint: USCIS denied H-1B petitions for occupations having limited jobs]( "Complaint: USCIS denied H-1B petitions for occupations having limited jobs")
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Further, employers have reported instances of USCIS denying an H-1B petition saying the degree held by the foreigner isn't within a single-field of acceptable study for an occupation.
There are also reports of denied H-1B petitions for occupations that may have limited instances of jobs where a bachelor's degree or higher isn't required, even when those occupations normally do require it, the coalition said.
