Employment-based Immigration

How the immigration freeze will affect employment visas

Foreign nationals may be affected by immigration changes announced by the United States government on April 21. The H1-B and EB-5 visas are both exempt from the changes, but individuals who wish to move to Indiana on either of these visas may encounter other obstacles. Danger for the H-1B visa? The immigration freeze, which is supposed to last for 60 days, does not affect several other categories, including science and health professionals working on COVID-19 as well as spouses and eligible family members of lawful permanent residents and citizens. However, the U.S. government's focus on...

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Training or special education programs with H-3 visas

Foreign nationals who want to come to Indiana to participate in specific types of training programs might be eligible for H-3 visas. These types of visas are designed for people who want to get training or special education that is not available to them in their home countries. The training cannot be in the medical field. People who want to participate in a training or special education program in the U.S. with H-3 visas are not able to directly petition for the visas on their own. They must first apply to the training or special education program and be admitted. The institution that is...

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Employment-based visas for human resources professionals

Indiana has many opportunities for careers in human resources, and some foreign-born residents are highly skilled in this field. However, obtaining a work visa for a human resources job can be challenging. The human resources field is not a specialty occupation that requires an advanced degree, and the U.S. already has many qualified candidates for these jobs. The immigration system in the U.S. sets aside special work visas for immigrants that can fill jobs that U.S. citizens cannot fill. The majority of recipients of visas like the H-1B and the EB-2 work in the information technology field....

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Outsourcing increases despite H-1B visa clampdown

Companies in Indiana and across the country are facing more frequent denials of their H-1B visa applications, typically used to sponsor a visa for a foreign national with a high level of technical skill. In many cases, H-1B visa recipients attended U.S. universities and graduate schools and are highly trained in scientific or technical disciplines. Government officials have stated that the use of H-1B visas is reviewed strictly because some companies and industries may be using them to bring in highly skilled workers more cheaply than their American counterparts. However, others say that...

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Employment-based immigration restrictions hinder tech development

Companies in Indiana have expressed concern that immigration restrictions, including new policies making it harder to bring workers from abroad or hire foreign graduates of U.S. colleges, may make American businesses less competitive. The development of artificial intelligence for military and commercial use relies on hiring the most advanced and skilled tech workers, and many companies say that American advantages in these areas rely substantially on openness to immigrants. The number of green cards permitted for employment immigration each year have not moved in decades, making it more...

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White House proposes indefinite detention for immigrant families

Indiana residents may be aware that some of the steps President Trump has taken to slow the flow of immigrants arriving at the U.S.-Mexico border have been challenged in the courts by civil rights groups. The White House has scored a handful of victories in these cases and suffered many defeats, and a new legal battle seems to be brewing. On Aug. 21, the Trump administration announced that it plans to allow immigration authorities to keep migrant families in detention centers while their asylum claims are being processed. It is a move that is almost certainly going to prompt a legal...

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Immigration outlook for Indian workers may be changing

Some people from India who hope to settle in Indiana or other parts of the United States may benefit from the Trump administration's immigration plans if they are enacted. The administration wants to move toward a merit-based immigration system that admits more highly-skilled immigrants. The plan is to increase the percentage of these immigrants to 57% from the current level of 12%. More than three-quarters of all green card applications that are in progress come from Indian applicants. Under the current system, the wait time can be 12 years or even longer. One attorney says that an improved...

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H-1B visa program brings skilled immigrants

Many businesses and people interested in immigrating to work in Indiana are highly educated. The United States already hosts more college-educated immigrants than any other country in the world, far outstripping other economically advanced nations. According to 2015 numbers, 14.7 million immigrants with college degrees over the age of 25 were living in the United States, more than triple the number in Canada. Of course, the U.S. population is also much larger, which means that only 36 percent of U.S. immigrants have a college degree compared to 65 percent in Canada. Even President Trump,...

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Immigration cases taking longer to resolve

Over the past two fiscal years, immigration case times have increased by 46 percent. This is according to research from the American Immigration Lawyers Association (AILA). One possible outcome is that skilled employees from foreign countries may not want to work in Indiana or other states throughout the country. In some cases, those who are seeking an H-1B visa could wait more than a year before hearing back regarding their eligibility. However, this wait can be as long as 10 years for workers from India because of quotas and other limitations. This is not the only type of immigration...

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Reducing wait times for green cards for Indians

Individuals from India who want to obtain a green card so that they can stay in Indiana or other states face the longest wait times compared to migrants from other countries. The reason for this is a quota system that caps the number of green cards given to each country at 7 percent of the total. This is despite the fact that Indians make up about 80 percent of all employment-based applicants. An independent congressional research group says this problem could be eliminated by simply removing the cap. According to advocate groups, lifting the per-county cap would benefit both qualified...

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