Recently, United States Citizenship and Immigration Services director Ken Cuccinelli confirmed that he was, along with the Trump administration, increasing bureaucracy for US companies to hire foreign employees. According to USCIS own data, the H-1B (work visa for skilled professionals) negative rate has more than doubled, from 6% in 2016 to 16% in 2019.
Louanni Cesario, an immigration lawyer in the United States, says that “many H-1B denials occur because the candidate is not within the profile that USCIS demands. Please note that the H-1B visa is not always the ideal visa for those who want to work in the US. There are other alternatives that can and should be considered by qualified professionals.”
Forbes magazine recently published a report that revealed a series of difficulties created by the Trump government for H-1B visa applicants and other modalities. Among them:
- a USICS internal document called “H-1B RFE Standards”, which encouraged judges to require employers to provide more information than usual;
- another USCIS document that changes the standard to what they qualify as a “specialized occupation” was presented;
- a Trump government decision requiring job-based green card applicants to participate in personal interviews;
- the report also stated that the agency has often required the company to list all contracts under which the H-1B visa holder will work for a period of three years and to provide a “valid employer-employee relationship”.
With so many stricter policies imposed by the US government, approval for any type of visa is more difficult but not impossible. A candidate intending to move to the US must take into account that the new rules make it difficult to obtain visas, but do not nullify the possibilities for those who follow the latest standards. “Essential, too, is the help of an immigration lawyer who must have not only knowledge of the laws, but also extensive experience in current cases to know how they are being analyzed and how to apply correctly for the appropriate visa,” Louanni Cesario points out.