Tightened Scrutiny of Skilled Worker Visa Applicants

The Trump administration has decided to increase scrutiny in the process of applying for employment visas, which presents obstacles to employers seeking to hire foreign workers. This move comes as no surprise considering the fact that President Donald Trump has long claimed legal immigrant provide unwarranted competition for Americans and has urged for reductions to the number of foreigners coming to live and work in the U.S.

So far neither the administration nor Congress have approved any changes to the employment-visa process, nor have they enacted any limits. However, the administration is placing applications for the skilled visa programs under closer scrutiny. Data from U.S. Citizenship and Immigration Services shows that between January and August alone over 25 percent of applications were sent back, requesting “further evidence,” a considerable increase from the one in five sent back the previous year.

These visas, known as H-1B, are mainly used by technology firms, especially outsourcing companies. Particular attention is paid to visa applications for lower-level positions. The government has raised questions as to whether foreign workers really have the necessary skills, rejecting many of the applications.

“The goal of the administration seems to be to grind the process to a halt or slow it down so much that they achieve a reduction in legal immigration through implementation rather than legislation,” Ben Johnson, executive director of the American Immigration Lawyers Association said.

Others have expressed support of the changes, saying they are needed. Jessica Vaughn of the Center for Immigration Studies pointed out that even though they slow down the system, they do so in a good way.

Additional restrictions are expected soon which may make it difficult for high-skilled workers to be approved for H-1B visas. Two of the changes anticipated apply to spouses of H-1B workers, which are currently given the right to work as well, and to the Optional Practical Training program, which allows foreign graduates from science and technology colleges in the U.S. an extra two years of work authorization. Some argue that the fight right now is not whether to end the program but how quickly the government can do that. Employers, foreign students and H-1B workers have been affected by these changes.

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