New policy may slow ebbing H1-B successes to a trickle

On Behalf of | Dec 13, 2019 | Employment Immigration

You want the best workers for your company, and sometimes that means looking outside the country. H-1B visas might be the way to get the specialized employees you need to get the job done. But dwindling acceptance rates could make it harder to keep the flow of talent going.

The denial rates for H-1B visas have grown significantly in recent years, and major incoming changes could push things further in that direction. Successfully petitioning the U.S. Citizenship and Immigration Services (USCIS) for the visa is getting more difficult, so getting the help you need could rest on knowing how to navigate the process.

Extraordinary employee requirements

With a shrinking number of visas being granted and uncertain changes on the horizon, you’ll want to make sure your application is airtight. Knowing the standards for a successful visa application could help you dodge a denial:

  • Official business:The criteria for employment often begins with you. As the petitioner, the USCIS will likely require you to show that you’re an established company conducting business in the U.S. You may need to prove that you meet basic conditions, like being capable of hiring and paying employees.
  • Established connection: You’ll usually need to show a relationship between your business and your incoming employee. This can hold especially true if they’re working off-site. The USCIS could be looking to see if you’re maintaining control of the employee through detailed assignment documentation and comprehensive itineraries.
  • Something special: The position you’re filling generally can’t be available to just anyone. Your pick may have to meet high expectations, like holding the equivalent of a bachelor’s degree or providing an advanced understanding in their particular field.

Knowing the conditions you need to meet can be a crucial first step as policy might make getting a visa a more formidable undertaking. Understand the requirements, and you could be one step closer to maintaining a stream of incoming skill.