Tech workers struggle to enter the United States

It’s no secret that companies in Silicon Valley recruit highly-skilled employees from other countries to develop new products in the tech industry. However, most foreign-born tech employees rely on H-1B visas to access the United States.

According to data from the US Citizenship and Immigration Services (USCIS), one-fourth of H-1B applicants were rejected during the last three months of 2018. Most experts speculate the numbers will decrease with the Trump administration’s strict stance on immigration.

What is special about an H-1B visa?

The H-1B visa program is unique because it only applies to people who wish to perform services in a specialty occupation. According to the USCIS, there are four requirements for a job to classify as a specialty occupation:

  1. There must be an entry requirement of a Bachelor’s degree or higher for the position.
  2. The position must have ordinary duties for its industry or duties so specialized that only specific individuals are qualified.
  3. The employer requires a degree or its equivalent for the job.
  4. The nature of the position is so complex that the knowledge required to perform the job correctly is associated with the attainment of a bachelor’s degree or higher.

Mostly, the H-1B visa program benefits residents who are highly-educated and recruited by employers to come work in the U.S. However; there is a strict cap for H-1B visas, which means only 65,000 acceptances each fiscal year.

Many people suggest the decreased acceptance rate means more applicants than in previous years. While the number of applicants is a factor, another component is the complexity of the application process. Apparently, there is more paperwork necessary than ever before to prove the validity of the job and your credentials.

Luckily, the H-1B visa program approves more applicants than most other visa programs. Even in 2018, the USCIS accepted 75.4 percent of the H1-B applications. If you want to ensure the best chances for your visa application, consult with an immigration attorney before filing any documents.

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