Proposed changes to H-1B visas may increase difficulty

On Behalf of | Dec 13, 2018 | Uncategorized

One thing is clear about immigration laws in the United States. They change often, and this may make it difficult for those seeking entrance into the country. In fact, it is not uncommon for those who have been on waiting lists for several years to learn that the requirements or quotas have changed with a new presidential administration.

Among the latest changes in immigration policies are the new restrictions for those seeking H-1B visas. These visas welcome employees with special skills, such as technology, engineering, medicine or others that require a bachelor’s degree or higher. It is likely the already tight quotas for these highly sought visas will change in the near future.

Changes in quotas

If you are hoping to obtain an H-1B visa, you must have a U.S. employer apply for you. This means you must already have employment waiting for you in the U.S. Just 20,000 visas are available for those holding advanced degrees from U.S. institutions, and tech companies generally snatch these up quickly. However, after this, 65,000 immigrants with at least a bachelor’s degree can compete for slots in the lottery.

That is the way the process works now. However, within the next two years, the government hopes to reverse the numbers, allowing 65,000 visas for those who hold a master’s degree and only 20,000 for the lottery. If you have not completed a graduate program at a U.S. university, you may find it more difficult to obtain an H-1B visa if the changes take effect.

Making your application

Even the review process would be different. Currently, it is likely that immigration agents will return many H-1B visa applications without even reviewing them. They randomly select those they choose to review until the quota is full. The new system will require applicants to create an account online. If agents select your account, you will then submit your application for a visa.

Obviously, with the inclusion of new technology in the process, there are many problems to solve before the new system goes into effect. Meanwhile, you may wish to pursue an H-1B under the current procedure, but there is no guarantee you will obtain a visa through this difficult channel of immigration. For the best opportunity of a successful application, you would be wise to seek as much information about the process as possible and advice about the best course of action. A Georgia attorney can assist you along the way.

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