H-1B Processing Update: Employers and Foreign Nationals Face Tougher Scrutiny, Adjudication Delays

Published: 09/08/2017

Source: http://bit.ly/2xbvKuh

The Trump Administration’s Buy American, Hire American policies have translated into greater scrutiny of H-1B petitions, a higher rate of requests for evidence (RFEs) and longer processing times for employers in nearly all industries. Lengthy adjudications and the continued suspension of H-1B premium processing mean that some sponsored workers may not be able to begin H-1B cap employment as planned on October 1 and that H-1B extensions may be delayed. Increased scrutiny also means that employers may see a higher rate of H-1B denials than in past years.

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Closer Scrutiny of H-1B Wages

The Buy American, Hire American executive order directs the Departments of Homeland Security, State, and Labor to focus on increasing H-1B wage minimums and altering other aspects of the H-1B program in an effort to promote the hiring of U.S. workers over foreign workers.  Recent USCIS guidance instructs adjudicators to consider wages when determining whether an offered position qualifies as an H-1B specialty occupation. 

Read More: http://bit.ly/2xbvKuh

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