More Pressure on Companies Hiring H-1B Workers

Posted: September 4, 2019

The rapid and dramatic changes happening to US immigration policy are increasingly affecting the way US companies work and recruit new employees. Recent reports indicate that the US Citizenship and Immigration Services (USCIS) have begun widespread investigations into companies trying to secure H-1B visas for foreign-born workers. As part of these investigations, the government agency now requires companies to provide hard evidence that they will be able to provide visa-holding employees with regular work for the entire duration of their three-year stay in the US.  


This crackdown on foreign-born workers seeking employment in the US is just the latest in a recurring trend of restrictive policies directed at specialty occupation visa programs. As Bloomberg Law notes, “The tech industry, a heavy user of the H-1B program, is getting the brunt of the scrutiny. But it’s also happening in other industries such as health care, accounting, and pharmaceuticals.” 


The RFEs (Requests For Evidence) that the USCIS has begun issuing to companies reportedly requires that the employer provide documented proof in multiple forms. Everything from statements of work, vendor agreements, to and detailed lists which outline the specific projects that the H-1B-holding employee will be working on during their stay may be required as evidence for RFEs. 


What if companies are unable to provide sufficient documentation proving that there will be enough work to keep visa-holding employees busy for the traditional three-year term stipulated by a H-1B visa? According to reports, the agency is cutting down the length of visas to two years or less for workers employed by companies that are unable to comply with the RFEs.  


The negative consequences to the H1B crackdown thus far, Bloomberg, have been repeated and lengthy delays in the visa acquisition process for companies seeking to hire foreign-born workers. This has led to a frivolous and unnecessary loss time, money, and resources.  


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