Requirements for the H1B Visa Under President Trump’s Administration

The United States Citizenship and Immigration Services recently issued a memo that declared that not all computer programmer positions may qualify for an H1B visa. Then President Trump signed an executive order to authorize the review of high-skilled H1B immigration visas. Therefore, the H1B visa under President Trump’s administration has different requirements.

H1B Visas

This visa program allows foreign professionals to legally work in the United States and to immigrate to the United States because of their job. If granted, the visa can allow a professional to work in the United States for six years. A specialty occupation refers to one that requires “theoretical and practical application of a body of highly specialized knowledge” coupled with having a bachelor’s degree in the field. The employer has the burden of showing the worker meets these requirements.

Executive Order

The executive order requires the Department of Homeland Security to scrutinize how H1B visas are processed. The agency is required to suggest potential reforms to ensure that only highly paid, especially skilled applicants become recipients of the visas. Department of Homeland Security officials are instructed to perform site visits to see if companies are trying to avoid hiring workers in the United States in favor of lower-paid immigrants. Computer programmers who are applying for this special type of visa would be required to show that they are performing specialized, complex jobs.

The Justice Department followed suit, warning companies that it would not tolerate employer misuse of the H1B visa process in an effort to exclude U.S. workers.

Potential Effects of the Executive Order and Official Memo

On an administrative level, employment-based immigration attorneys are finding H1B petitions are being scrutinized more. The number of requests for evidence issued by USCIS is greater. As a result, employers probably could themselves a favor by sending more information even when filing an extension petition.

Contact an Immigration Lawyer

If you are afraid that the new scrutiny may impact your ability to acquire a H1B visa, you can discuss your concerns with an immigration lawyer. Call 480.461.5300 to schedule a confidential consultation with an Udall Shumway attorney.

 

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding H1B Visa Under President Trump’s Administration, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.