Trump Thumping of H1B Filings Expected to Continue
USCIS data indicates 2018 H-1B Cap denials were up! The FY 2019 H-1B cap-subject quota season will open on April 1, 2018, with filings between April 2 -6, 2018. It’s in the news.
Changes to H1B adjudications under President Trump Thumping including: “Buy American and Hire American” Executive Order and the 2017 USCIS Computer Programmer Policy Memorandum. In addition, to Level 1 and Level 2 Wage Scrutiny, Specialty Occupation and Establishing Degree Requirements, Practical Implications of “Buy American and Hire American” Executive Order, and the Employer-Employee Relationship: Consulting Companies, Multiple Worksites, and Offsite Employment.
Presidential Executive Order on Buy American and Hire American
required the various U.S. immigration related agencies to assess strategies to further the hiring of U.S. workers to ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.
Rescission of the December 22, 2000 “Guidance Memo on H1B Computer Related Positions removed Computer Programmer as a Specialty Occupation
https://www.uscis.gov/sites/default/files/files/nativedocuments/PM-6002-0142-H-1BComputerRelatedPositionsRecission.pdf
USCIS Execution of the Buy American and Hire American Executive Order
While the Trump administration sought to have a bright line wage requirement of $100,000 or more. The BAHA resulted in USCIS challenging H1B wage level 1 and level 2 to ensure that H-1B visas are awarded to the most-skilled or highest-paid petition beneficiaries.
Practical Implications To The H1B Adjudication Under Trump Resulted In Tougher Renewals. U.S. Citizenship and Immigration Services advised its officers to “apply the same level of scrutiny” to extension requests for the H-1B visa, among other sought after visas. Officer instruction is to review requests for renewal as thoroughly as they would initial visa applications and not give deference to the prior petition approval. Initial H1B Petition have reached an all-time high for Requests For Evidence (RFE). H1B Petition Extension requests are also expected to reach an all-time high in RFEs.
USCIS Is Likely to Challenge “Employee-Employer Relationship” in H-1B Petitions more vehemently under Trump. USCIS Issued Guidance Memorandum on Establishing the “Employee-Employer Relationship” in H-1B Petitions in 2010. https://www.uscis.gov/news/questions-answers-uscis-issues-guidance-memorandum-establishing-employee-employer-relationship-h-1b-petitions. USCIS in Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements are anticipated to be more rigorous under Trump Thumping. https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf
The Litwin & Smith H1B team has expertise to provide best practice guidance and filing strategies when preparing H-1B petitions to successfully navigate the increasingly complex H-1B process in light of changes to H1B adjudications under President Trump Thumping including: “Buy American and Hire American” Executive Order and the 2017 USCIS Computer Programmer Policy Memorandum. In addition, to Level 1 and Level 2 Wage Scrutiny, Specialty Occupation and Establishing Degree Requirements, Practical Implications of “Buy American and Hire American” Executive Order, and the Employer-Employee Relationship: Consulting Companies, Multiple Worksites, and Offsite Employment.
We at Litwin & Smith represent employers in most of the various industries represented around the Bay Area with clients across the U.S. and around the world. We are a boutique immigration law firm representing large and small business clients. Our firm is a nationally recognized premiere employment immigration firm.
The H1B is the most often employer sponsored U.S. employment authorization. We are very successful in preparing and obtaining nonimmigrant visas for employers and subsequent immigrant visas and green cards for their employees. We prepare hundreds of such petitions each year. We offer excellent service at a competitive price. Of course, price isn’t everything. We are known for our availability, responsiveness, timeliness, professionalism and expertise. You might find out more about the H1B visa on our website.