H-1B denials and Requests for Evidence (RFEs) increased dramatically in the fourth quarter of fiscal year 2017 soon after President Trump took office, according to a report by the National Foundation for American Policy (NFAP) that used data from US Citizenship & Immigration Services (USCIS). The report by NFAP, a non-profit and non-partisan public policy research organization, includes data showing that H-1B petition denials increased by forty-one percent from the third quarter to the fourth quarter of the 2017 fiscal year. Additionally, RFEs issued in the first three quarters of the 2017 fiscal year came to 63,599 combined, almost equaling the total number of RFEs—63,184—issued in the fourth quarter of the 2017 fiscal year.
Read moreBloomberg Law: “Immigration Lawyers to Trump: See You in Court”
As a result of increasingly strict immigration policies and more petition denials under the Trump administration, more attorneys are considering suing the federal government. “I’ve been preaching the gospel” of litigation, attorney Thomas Ragland tells Bloomberg Law. Ragland says that although businesses have in the past been more reluctant than individuals to sue, he is encouraging corporate clients to pursue litigation in certain cases. He says: “Employers should consider litigation in cases where they think the agency got it wrong.”
Read moreFast Company: “How, Why, And When To Share Your Immigration Status On Job Interviews”
In the current political environment, as politicians and government officials debate the future of the Deferred Action for Childhood Arrivals (DACA) program, the H-1B visa, and whether to switch to a “merit-based” immigration system, many immigrants may be afraid to discuss their immigration status with potential employers. Although Ximena Hartsock, an immigrant from Chile and business owner, encourages immigrants to use discretion when talking about their immigration status, at the same time she believes they should “own their immigrant experiences with pride.” Writing in Fast Company, she provides tips for immigrants to navigate the interview process.
Read moreLosing Our Dreams
USCIS: “Premium Processing Now Available for All Petitioners Seeking H-1B Visas”
Effective today, October 3, 2017, US Citizenship & Immigration Services (USCIS) has resumed premium processing for all H-1B visa extension of stay petitions. Premium processing is now available for all H-1B petitions. Earlier this year, USCIS had suspended premium processing for all cap and cap exempt cases, but resumed premium processing in stages for certain H-1B petitions. Prior to today, USCIS resumed premium processing for H-1B petitions subject to the annual cap, petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as for interested government agency waivers and certain H-1B petitions not subject to the cap.
Read moreReuters: “Trump administration red tape tangles up visas for skilled foreigners, data shows”
US Citizenship & Immigration Services (USCIS), under the leadership of the Trump administration, has been challenging a significant number of visa applications for skilled workers since President Trump vowed to investigate the “fraud and abuse” of the H-1B visa program by American-based companies this past April. Although neither the Trump administration nor Congress have instituted any changes to the H-1B program, data provided by USCIS reveals that the agency has issued 85,000 challenges, or “requests for evidence” (RFE’s), regarding H-1B visa petitions between January 1st and August 31st of this year. This is a forty-five percent increase since the same period of time last year. These RFE’s have also been issued at a rate greater than any point during the Obama administration, apart from 2009. RFE's can delay cases by months, and often interfere with hiring plans and business operations for American companies.
Read moreVisa Options for Entrepreneurs
Sometimes US immigration law doesn’t provide clear visa options for people looking to work in America. These individuals are daunted by the process, and as attorneys we often feel like we are trying to fit a round peg into a square hole. But at other times, thankfully, there is more than one option for a client and so it’s our job to talk them through the choices to see which is the overall best fit. This can happen, in particular, with some entrepreneurs who are interested in opening up their own business in the US.
Read moreDon’t Try This at Home: 5 Reasons Why Foreign Nationals Shouldn’t File E-3 Visa Applications On Their Own
The E-3 is a nonimmigrant visa that allows Australian citizens to temporarily come to the US to work for a US employer in a professional capacity. To qualify for this visa, Australian foreign nationals must have a legitimate offer of employment in the US with a salary that complies with Department of Labor requirements, fill a position that qualifies as a specialty occupation (i.e., a professional job that requires a bachelor’s degree or higher in a specific field of study), and hold at least a bachelor’s degree (or the equivalent work experience) in a field related to the position.
Read moreOPINION: USCIS Rescission of Guidance Memo on Computer-Related Positions: H-1Bs Are Still Available for Computer Programmers
As most immigration attorneys were breathing a sigh of relief from having prepared all their H-1B cap cases, and from having rushed to file the H-1B renewals requiring premium processing; and as we were just popping open that bottle of champagne, US Citizenship & Immigration Services (USCIS) issued a surprise memo on March 31, 2017. Panic ensued. Trump was blamed. USCIS jumped in to explain that the March 31 memo did not constitute a change in policy but rather a clarification to the Nebraska Service Center (where many H-1Bs are now being processed) of the current policy on H-1Bs for computer programmers. So what does it all mean? Can a computer programmer still get an H-1B? What about other technology jobs? We will try to answer some of these questions below.
Read moreDo’s and Don’ts of the E-3
Not too long ago, Lizzie B. created a wonderful chart highlighting some alternatives to the H-1B. In that post she covered the basics of the E-3: that it is for Australian citizens who are coming to the US to work in a professional job, that it is issued in two-year increments and that the Australian national must be getting paid a salary that is in line with what the Department of Labor (DOL) deems appropriate for the position. The E-3 is one of the easiest US visas to obtain. It is a fast process since the application can be made straight at the US Embassy/Consulate, and does not require piles of documents. Some employers choose to do the application themselves, and while most of the time everything goes well, sometimes things can go awry. I thought it might be helpful to create a list of do's and don’ts for the E-3 application to help avoid denials if employers are filing these themselves:
DO...
✔ BE AN AUSTRALIAN CITIZEN
The beneficiary of the E-3 application must be an Australian citizen with an Australian passport. People who live in Australia without having acquired citizenship are not eligible. The spouse and children of the principal beneficiary need not necessarily be Australian citizens in order to get the E-3 dependent visa (E-3D).