The H-1B Visa is designed to give companies in the US the opportunity to hire foreigners who are experts in speciality occupations that need technical or even theoretical competence. It is a non-immigrant visa and most tech companies in the US leverage it and its provisions to employ tens of thousands of employees every year into their workforce. Some of these foreign employees are from countries like China and India.
In a letter to Kirstjen Nielsen and Francis Cissna, who serve as Secretary of Homeland Security and Director of USCIS, respectively, Compete America — a coalition of these US companies — wrote that they had observed three changes in the processing of H-1B visas since the current administration resumed office and that the change was responsible for the increased level of inconsistencies in the adjudication of the H-1B Visa.
US Companies complain of being uninformed
Compete America went further to add that since the standards for the H-1B visa processing
had changed, US companies are no longer privy to the regulations and standards guiding the issuing of the visa.
By this, these employers of labour are left in the dark on what actually obtains regarding the agency's procedures, practices and policies. This lack of definite information engenders confusion among employers in the US
as their efforts in hiring foreign-born professionals are not guided.
Compete America disclosed in the letter that its members had reported a hike in the rate at which Requests for Evidence, RFE for short, and denials were issued since the last one and half years.
Another complaint from employers was that of several cases where the USCIS denied H-1B petitions
because the degrees acquired by the sponsored foreign professional is not covered under one field and thus, could not be studied properly for an occupation.
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