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High demand and increased scrutiny continue to make obtaining an H-1B visa a challenging prospect. Employers are encouraged to consider alternatives for applicants who will not obtain an H-1B visa this cap season.
U.S. Citizenship and Immigration Services received 201,011 cap-subject H-1B petitions this year. That number is up by more than 10,000 from last year and well above the cap of 65,000 visas plus an additional 20,000 for individuals holding a U.S. master’s degree or higher. On top of that, President Donald Trump’s administration has moved to tighten up the H-1B program, increasing the number of denials and requests for evidence from employers.
Depending on an employee’s particular circumstances, however, alternative visa routes may be available. Some common alternative routes for temporary foreign workers include:
BAL Analysis: Employers are encouraged to work with their BAL attorney to explore alternatives for current candidates and to consider long-term strategies for their workforce, especially in light of the current environment and high demand for H-1B visas.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2019 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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