Expect More Lawsuits And Restrictions On H-1B Visas In 2020

[90DayFinancier 910]

https://www.forbes.com/sites/stuartanderson/2019/12/16/expect-more-lawsuits-and-restrictions-on-h-1b-visas-in-2020/amp/

 

The year 2020 is unlikely to be an improvement over 2019 for companies that hire foreign-born scientists and engineers on H-1B visas. Companies should expect 2020 to bring more restrictions.

An H-1B is generally the only practical way for an international student or a high-skilled foreign national educated abroad to work long-term in the United States. Under Trump administration policies, denial rates for H-1B petitions for initial employment (primarily new employees) quadrupled, “rising from 6% in FY 2015 to 24% through the third quarter of FY 2019,” according to a National Foundation for American Policy analysis. “The 12% denial rate for continuing employment [mostly for existing employees] is also historically high – 4 times higher than the denial rate of only 3% for H-1B petitions for continuing employment as recently as FY 2015.”

 

In a stable policy environment that adheres to the law and regulations, H-1B denial rates should be extremely low, since, given the time and expense, companies and attorneys only submit applications for individuals they believe meet the legal requirements

[arken 4,197]

10 minutes ago, 90DayFinancier said:

In a stable policy environment that adheres to the law and regulations, H-1B denial rates should be extremely low, since, given the time and expense, companies and attorneys only submit applications for individuals they believe meet the legal requirements

While Trump administration may have some impact on increasing denial rates, the above bold statement is applicable to only few employers. I believe this whole restrictions and enforcement started when consulting companies took advantages of loopholes filing H1 B petitions for tens of thousands with no client job in hand, running dummy paychecks for approved ones till they get the actual job, depriving the genuine H1B employees chance of getting approved/selected. I bet these lawsuits will be primarily from the consulting companies.

[90DayFinancier 910]

15 minutes ago, arken said:

While Trump administration may have some impact on increasing denial rates, the above bold statement is applicable to only few employers. I believe this whole restrictions and enforcement started when consulting companies took advantages of loopholes filing H1 B petitions for tens of thousands with no client job in hand, running dummy paychecks for approved ones till they get the actual job, depriving the genuine H1B employees chance of getting approved/selected. I bet these lawsuits will be primarily from the consulting companies.

Interesting. What do you think is driving the 12% renewal denial?

[Boiler 45,744]

You get a taste on here, but much more so on other sites, my impression in the past renewals were not looked at very closely, now they are. You see many stories of under pay, benching etc. Would not surprise me at all if the stats were examined in detail they would be heavily focused on a type of job with certain Employers.

[arken 4,197]

37 minutes ago, 90DayFinancier said:

Interesting. What do you think is driving the 12% renewal denial?

The main driving factor seems to be employer employee relationship which restricted put the chokehold on consulting companies petitioning for anyone without real potential job. Some genuine employers are also hurt in the process of preventing bad guys.