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H-1B visa process begins Monday under tight scrutiny

H-1B visa process begins Monday under tight scrutiny

Washington: The process for H-1B visa application process is slated to commence starting Monday, amid unprecedented scrutiny by the Donald Trump administration.

The H-1B visa is one of the most sought-after visas among Indian IT professionals and other highly-skilled individuals.

It should be noted that the process, to be conducted by the US Citizenship and Immigration Services (USCIS), would happen under tight scrutiny, where a minor error would attract strict consequences, said the federal agency.  

If social media buzz is something to go by, then the immigration attorneys this time expect a much higher rate of rejection, indicated a PTI report. This is set to play dampen the prospects of technology companies who depend on this visa to hire tens of thousands of employees from places such as India and China.  

As of now, the H-1B visa has an annual cap of 65,000 visas for each year, as mandated by the US Congress. However, the first 20,000 applications filed on behalf of beneficiaries with a US master’s degree or higher would be exempt from the above-stated cap.  

Just days ahead of the application process for H-1B visa, USCIS warned that all duplicate applications would be subject to rejection. The filing of duplicate petitions had become a normal practice in earlier years.  

USCIS has also said that it will reject H-1B petitions requesting an earlier employment start date or a start date of "As Soon As Possible" or "ASAP." 

Expecting a huge rush of application beginning tomorrow and greater scrutiny of all petitions, which would require much more man hours, USCIS has also temporarily suspended premium processing. "We will announce the start date for premium processing in the near future," USCIS said. 

As of now, USCIS has not indicated if it plans to go for a computerised draw of lots as has been the case in previous years after receiving several times more than the Congressional mandated cap of H-1B visas. 

"Complete all sections of the form accurately; The petitioner should include a copy of the beneficiary's valid passport," USCIS said.

If the applicant is seeking an extension of stay or change of status, he/she should include evidence to establish that the beneficiary will maintain a valid nonimmigrant status through the employment start date being requested, USCIS said in its filing tips. 

Given the general campaign against highly skilled Indian professionals, the applications by Indian companies are likely to face a greater scrutiny of all these petitions. As in the previous years, Indian companies would have to pay much more fee per application than those from other countries. On an average, they are required to pay USD 6,000 to the federal government per H-1B application. 

And by the time the successful applicant appear before the American diplomatic missions -- embassies and consulates for a formal visa interview and stamping on their passport -- they would have to be ready with details of the social media profile, emails and phone numbers in the last five years. 

On Friday, the State Department issued a formal notification in this regard which would come into force after 90 days. Ahead of the H-1B visa filing process, USCIS said this work visa should help US companies recruit highly-skilled foreign nationals when there is a shortage of qualified workers in the country. 

"Yet, too many American workers who are as qualified, willing, and deserving to work in these fields have been ignored or unfairly disadvantaged. Employers who abuse the H-1B visa program may negatively affect US workers, decreasing wages and opportunities as they import more foreign workers," it said. 

Protecting American workers by combating fraud in our employment-based immigration programs is a priority for USCIS, it said, adding that it is furthering its efforts by enhancing and increasing site visits, interviews, and investigations of petitioners who use the H-1B visa programme. 

"These efforts will help assist in the prosecution of program violators and ensure that American workers are not overlooked or replaced in the process," USCIS said. 

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