From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
The Trump administration is implementing the president’s Buy American and Hire American executive order, and employers are feeling it.
Between January and August 2017, U.S. Citizenship and Immigration Services issued 85,000 requests for evidence in response to petitions for H-1B skilled guestworker visas, American Immigration Lawyers Association President Anastasia Tonello said June 14. That’s a 45 percent increase over the same period in 2016, she said.
That was before October 2017, when the USCIS issued a new policy that could add more scrutiny to visa renewals, which previously saw a lower level of inquiry, according to Tonello. The new policy removes any deference to prior agency decisions where an employer seeks to extend someone’s H-1B visa, said Tonello, who practices with Laura Devine Attorneys in New York.
That means a petition to extend an H-1B visa receives the same level of scrutiny as a petition to sponsor someone’s H-1B visa the first time around.
Employers seeking visa extensions have started seeing requests for proof to show that the visa holder’s job meets the definition of “specialty occupation” under the law, she said at AILA’s annual conference in San Francisco.
The approval rate for H-1B visas also has dropped to 85 percent in the first quarter of fiscal year 2018, down from 90 percent for FY 2017, Tonello said.
That may seem like a high approval rate, she said, but employers that petition for the visas are “self-selecting": there’s too much money involved for them to file a petition that isn’t likely to be approved.
It’s not just H-1B visas that are getting extra scrutiny from the administration, Tonello said. Employers sponsoring workers for EB-1 green cards for immigrants with extraordinary ability also are seeing an increase in both requests for evidence and denials, she said.
Tonello herself received a request for evidence on a petition filed on behalf of an employer seeking to sponsor a sound engineer who had won three Grammys for sound engineering. The RFE asked the employer to prove that winning a Grammy is relevant to whether a sound engineer has extraordinary ability in his or her field, she said.
Employers increasingly view litigation as the most viable option for challenging visa denials, AILA President-Elect Marketa Lindt said. Lindt practices with Sidley Austin in Chicago.
It’s often difficult to get employers to go to court rather than pursue administrative options, but they’re starting to realize that “litigation is the way this needs to happen,” she said.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)