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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 individuals who will not obtain an H-1B visa this cap season.
U.S. Citizenship and Immigration Services received 190,098 cap-subject H-1B petitions this year. That number was down 4.5 percent compared with last year’s total, but still well above the H-1B cap of 65,000 visas plus the 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 requests for evidence from H-1B applicants and saying it will require additional information from employers who assign H-1B workers to third-party worksites.
Alternative visa routes may be available, depending on workers’ particular circumstances. 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 map out long-term strategies for their workforce.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2018 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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