H-1B in particular and immigration, in general, have been under attack by the new Republican administration since the campaign days. Steve Bannon, the senior policy adviser to the Trump administration, is quoted saying that “there are too many Asians in Silicon Valley.”
The latest announcements on immigration policy suspend for six months what is called “Premium Processing” for H-1B visa applications. This type of processing is a feature in many government services as well as private businesses where for an extra cost, in this case, a $1,225 premium processing fee, petitions are given a fast track review. Paying this “Premium Processing” the petition is considered within 15 calendar days rather than the six months it typically can take. Some experts believe the new policy is a way to dissuade people from using this visa category, as it will be increasing the time to legally bring somebody on board from a couple of weeks to over half a year.
H-1B visas have long being used by US technology companies, many in Silicon Valley, to recruit talent from all over the world. Trump and other Republican politicians have expressed negative views about the program, and at one point during his campaign, Trump declared that he would “end forever the use of the H-1B as a cheap labor program.” No only many Republican activists have called for a reduction in all kinds of immigration, but also activist are claiming abuses of the H-1B visa system. A big complaint from US workers and their advocates has been that in many cases when a H-1B visa holder has replaced a legal US workers for lower wages. To add insult to injury, it has been reported that employees have been required to train their replacements to qualify for the final severance payment. This cases of abuse has been isolated to few companies.
The H-1B program is capped at 85,000 visas annually. Due to the demand, with a three to one over-subscription, the government has moved to a lottery system to allocate the visas. Most of H-1B beneficiaries have advanced degrees from their home countries or Western Universities and play a pivotal role in advancing the pace of technology progress and innovation in the United States.
The H-1B program is really important to bring the best and brightest and advance cutting edge innovation in American companies.
Call me or email me if you need help in understanding your options. (602) 317-0035
