Low US scrutiny of H-1B aspirants continues – Cases of India

MUMBAI: Data released recently by the United States Citizenship and Immigration Services (USCIS), for the first six months of US fiscal 2019 (Oct 1, 2018 up to March 31, 2019), reflects that the agency continued extreme scrutiny of H-1B applications. Additional evidence was sought in a large number of cases from sponsoring employers to justify…

Low US scrutiny of H-1B aspirants continues – Cases of India

MUMBAI: Records released lately by the United States Citizenship and Immigration Services and products (USCIS), for the principle six months of US fiscal 2019 (Oct 1, 2018 as much as March 31, 2019), reflects that the agency persisted vulgar scrutiny of

H-1B

applications.

Additional proof modified into sought in a colossal more than just a few of situations from sponsoring employers to interpret the visa utility. Evaluation performed by TOI, displays that RFEs were sought in forty eight% of the H-1B applications (for both initial visa and extensions) that were disposed-off at some stage within the principle six months of fiscal 2019. This is up by 1% as in comparison with the corresponding interval last one year. Almost 95,050 RFE linked applications were adjudicated by USCIS at some stage within the principle half of fiscal 2019, as in comparison with 88,630 at some stage within the six month ended March 31, 2018.

Country-wise recordsdata has no longer been released, but a essential share (bigger than 60%) of initial H-1B visas are issued to Indians, with the proportion of H-1B extensions granted being even elevated.

A essential takeaway, which reflects the increasing challenges in acquiring H-1B visas, especially by IT provider corporations, that location their H-1B workers at third birthday party (buyer) sites, is the spike in denials of the applications, after the further recordsdata is submitted to USCIS under an RFE.

The approval price of H-1B applications, after acquiring further recordsdata from the sponsoring employers, declined to 60.5% at some stage within the principle six months of fiscal 2019. Simplest, 57,500 applications were authorized, as in opposition to the 95,050 applications that were topic to the RFE diagram. The RFE approval ratio within the corresponding interval of the outdated fiscal modified into elevated at 62.3%.

This decline of virtually 2 percentage facets displays that vetting of H-1B applications, for both initial applications and extensions (for those workers already within the US) has change into stricter.

The RFE approval ratio modified into as high as 83% in fiscal 2015 and has been step by step shedding. It modified into down to 74% in fiscal 2017 and for the general fiscal of 2018, it modified into the identical because the half yearly figure of 62.3%.

H-1b gfx


Mitchell Wexler, associate, at Fragomen, a international immigration law agency says: “The declining approvals and elevated rates of RFE viewed within the principle half of fiscal 2019, are in line with the persisted high scrutiny of H-1B applications, pursuant to the Purchase American, Rent American govt declare.”


By issuing an RFE, USCIS seeks further proof forward of it adjudicates an H-1B utility. If the proof submitted, voice to point that the job is a speciality occupation, does no longer satisfy USCIS officials, the utility is rejected. RFEs solid an further burden on the sponsoring corporations – both in phrases of time and brand.


These figures corroborate an earlier protection by TOI, in its edition dated February 26 for fiscal 2018, which confirmed that IT provider corporations bore the brunt of RFEs and corresponding denials.


Almost 1.57 lakh H-1B applications were authorized at some stage within the principle six months ended March 31, 2019, as in opposition to a slightly decrease more than just a few of 1.fifty three lakh within the corresponding outdated interval. Nonetheless, in percentage phrases, the general approval price fell to 79.5% within the principle half of fiscal 2019, down from 81% within the corresponding six months of fiscal 2018.

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