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The US starts to reject more Indian H-1 B applicants

The US starts to reject more Indian H-1 B applicants


The Trump administration is having an onslaught on work visas which is hitting the Indians hard. In the months July and Sep 2017, the US has denied H-1.B visas to 23.6% of Indian applicants. This is an increase from the 16.6% in the months April- June, as per the recent data from the National Foundation for American Policy. This is, a non-profit, non-partisan organization dealing with issues of public policy research. This augmented inspection is a result of Buy American and Hire American order issued by president Trump in April 2017. It required time for getting people into major positions, but after seeing the appointed persons it is not all surprising to see the developments.

Besides outright denials, there is a sharp increase in the number of requests for evidence. These are issued by the US authorities to visa applicants while seeking additional information regarding their applications.

Some facts

In the period of July to September 2017, the administration has issued 63,184 R.F.E. This is in comparison to 63,599 R.F.E.s issued in the nine months before this date. There is a feeling among the lawyers that their clients struggle owing to several R.F.Es. This has the effect of delaying the visa process and also of increasing the costs to the companies.

Between July and September 2017, 72% Indians who applied for H-1 B visas received R.F.E. This is quite high to 61% for all other countries. In the period of Oct and Dec 2016, when Barack Obama was president 18.2% Indian applicants received the intimation to submit supplementary material.

Other US work visas

48% petitions for the L-1B visa category for the existing employees possessing specialized skills which were presented for Indian nationals faced a denial between July and Sep 2017.

The NFAP has explained that owing to the heavy time and expenses involved, employers only send such applications which they believe have a better chance of approval.

Thus there is no sudden arrival of unqualified applicants, but it clearly shows new restrictive policies. Even the L-1A visa, meant for transferring managers to the US, faced denials for Indians of 16.4% in September 2017, which was 9.5% during December 2016. On July 13, the US Citizenship and Immigration Services prepared its officers giving them the right to deny an application without providing the RFEs first.

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