Is it Becoming More Difficult for Immigrants to Get Their H-1B Visa Application Approved?

As immigration reform continues here in the U.S. it seems as though getting an H-1B visa application approved has become a challenge for many. Consider Leo Wang’s story. According to the Los Angeles Times, Wang, 32, left his home in China back in 2015 to pursue a graduate degree in entrepreneurship and innovation at USC. After earning his degree, he was hired to work at a Silicon Valley data storage company.

After only working a year at the storage company, Wang anxiously waited to receive an update on his H-1B visa application status from U.S. Citizenship and Immigration Services (USCIS). He had been living in the U.S. on a student visa and while he thought the time left on that visa would grant him enough to obtain his H-1B, six months had passed after submitting his application, and he received no response from USCIS. Unfortunately, his student visa expired and without the H-1B visa, his employer “was forced to place him on unpaid administrative leave.”

After eight months had passed and still no response regarding his H-1B visa application, Wang’s employer had to let him go. Wang, without a steady income and no visa, was left with no choice but to return back to his home. The 32-year-old told the news outlet that he “never felt so helpless” and that “[he] came here, all the way to a place where [he] doesn’t know anybody, in hopes of fighting for [his] American dream.” He went on to say that “there seems to be a crack in the system, and I happen to be the one who fell through.”

Sadly, Wang isn’t the only person faced with these sorts of circumstances.

The news outlet highlighted that “many tech workers say the process of applying for and getting H-1B visas has become increasingly murky and difficult under President Trump’s administration.” The source went on to explain that even experts are saying that the changes that are being made to the application process for H-1B visas “could discourage highly-skilled workers from seeking employment in the U.S.” One of those changes includes “heightening the requirements for evidence showing that a foreign worker possesses exceptional qualifications.”

Given the fact that USCIS is taking longer to process H-1B visa applications and even denying others a visa who meet the qualifications to obtain one, you are advised to contact an Atlanta, GA immigration attorney if you or someone you know is considering applying for an H-1B visa. The legal experts at Kuck | Baxter Immigration Partners LLC can help you properly fill out your application and submit it with the supporting documents to avoid making any mistakes that could land your application in the pile of denials. Kuck | Baxter Immigration Partners LLC can be reached at 404-816-8611 if you would like to discuss in depth the benefits of hiring an immigration attorney when applying for an H-1B visa or any other type of visa.

 

What can I do to ensure my H-1B visa application is approved?

 

Aside from hiring one of our skilled attorneys, you can reduce your chances of receiving a denial notice by taking the time to review the general eligibility requirements USCIS says you must meet in order to qualify for this visa type. In order for an individual to be eligible to apply for an H-1B visa, their job must meet one of the following criteria to qualify as a specialty occupation:

  1. “Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position.”
  2. “The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree.”
  3. “The employer normally requires a degree or its equivalent for the position.”
  4. “The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.”

You are also encouraged to visit USCIS’s website where you can access more important information pertaining to applying for an H-1B visa.

 

What should I do if USCIS is taking too long to process my H-1B visa application?

We recommend you contact our office so that we can discuss with you some other options that would allow you to remain in the U.S. while USCIS works on processing your application. Based on Wang’s story highlighted above, you could find yourself having to wait a number of months before your H-1B application is even reviewed which means the current visa you might be living here on could expire. To prevent from you having to return home and leave the job opportunity you have been given, our team of dedicated immigration and H-1B visa lawyers in Atlanta, GA can help you explore the alternatives that would allow you to stay.

For more information or to learn about the various services we provide, contact us at your earliest convenience.

Kuck | Baxter Immigration Partners LLC can be reached at:

 

365 Northridge Road, Suite 300

Atlanta, GA 30350

404-816-8611

Website: www.immigration.net