It’s no secret that companies in Silicon Valley recruit highly-skilled employees from other countries to develop new products in the tech industry. However, most foreign-born tech employees rely on H-1B visas to access the United States.
According to data from the US Citizenship and Immigration Services (USCIS), one-fourth of H-1B applicants were rejected during the last three months of 2018. Most experts speculate the numbers will decrease with the Trump administration’s strict stance on immigration.
What is special about an H-1B visa?
The H-1B visa program is unique because it only applies to people who wish to perform services in a specialty occupation. According to the USCIS, there are four requirements for a job to classify as a specialty occupation:
- There must be an entry requirement of a Bachelor’s degree or higher for the position.
- The position must have ordinary duties for its industry or duties so specialized that only specific individuals are qualified.
- The employer requires a degree or its equivalent for the job.
- The nature of the position is so complex that the knowledge required to perform the job correctly is associated with the attainment of a bachelor’s degree or higher.
Mostly, the H-1B visa program benefits residents who are highly-educated and recruited by employers to come work in the U.S. However; there is a strict cap for H-1B visas, which means only 65,000 acceptances each fiscal year.
Many people suggest the decreased acceptance rate means more applicants than in previous years. While the number of applicants is a factor, another component is the complexity of the application process. Apparently, there is more paperwork necessary than ever before to prove the validity of the job and your credentials.
Luckily, the H-1B visa program approves more applicants than most other visa programs. Even in 2018, the USCIS accepted 75.4 percent of the H1-B applications. If you want to ensure the best chances for your visa application, consult with an immigration attorney before filing any documents.