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Home / News / World News / Dramatic increase in number of H-1B visas being held up?
  • World

    Dramatic increase in number of H-1B visas being held up?

    Garima Bora
    Written by
    Garima Bora
    Mail
    Last updated on Nov 09, 2018, 05:48 pm
    Dramatic increase in number of H-1B visas being held up?
  • 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.

  • In this article
    Coalition 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
  • 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
  • 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.

  • Information

    Lack of certainty, consistency wreaking havoc among nation's employers: Coalition

  • 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.

  • Allegations

    USCIS acting outside of its own regulations, controlling statute?

    USCIS acting outside of its own regulations, controlling statute?
  • 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.

  • Denials

    Coalition says members reported increase of REFs, NOIDs regarding H-1B

    Coalition says members reported increase of REFs, NOIDs regarding H-1B
  • 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.

  • Confusion

    Changes aren't previewed in necessary regulations, says the coalition

    Changes aren't previewed in necessary regulations, says the coalition
  • 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.

  • Quote

    Compete America explains the reason behind its allegations against USCIS

  • 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."

  • Details

    Complaint: USCIS denied H-1B petitions for occupations having limited jobs

    Complaint: USCIS denied H-1B petitions for occupations having limited jobs
  • 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.

  • H-1B Visa
  • Immigrants
  • United States of America
  •  
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