Trump Administration Decisions on H1-B Visas Are Costing Companies Growth

The Trump Era in the United States of America has not been a full of luck era for applicants of H1-B Visas. H1-B Visas not only helped the foreign workers to work freely in the states but it also helped the employers of the US companies to hire highly skilled personnel from every corner of the world. Most of the people in the US believe that the foreign workers are killing the employment opportunities for the Native Americans. Whereas, many believe that through these highly skilled foreign workers, the economy of the country is positively affected.

H1-B Visas help organizations in growth

The H1-B Visas allow hospitals and companies to hire foreigners who are best suited for the job for which the skilled Americans are not available. Amazon, Microsoft, Apple, Intel, Google, Facebook, and Oracle are the major hires of foreign workers in the United States.

The visa applications are facing more and more challenges for H-1B every day making it extremely difficult for the foreign workers to get employment and it has become way more difficult for the employers of the United States to hire such workers.

Trump administration and H1-B Visas

The United States Citizenship and Immigration Services-USCIS showed data which made it evident that the Trump government is issuing way more challenges in issuing the H1-B Visas as compared to the Obama era.

In the time period between the months January and August, 85,000 Request for Evidence -RFEs have been issued to the applicants of H-1B visas. In the same time period in the Obama era, the RFEs issued were 45% less than the Trump era. Other hurdles created for H-1B applications includes challenging the basis of H-1B petitions by saying that there is less evidence that the employer needs a foreign worker. Adding to this, the entry-level jobs are being targeted by the Trump administration. It is looked upon as a stealth campaign against the issuance of H-1B visas. A New York-based immigration attorney, Cyrus Mehta stated that one way to design a policy synchronized with the trump administration is to impose more and scrutiny on the H-1B visa cases.

The trump administration is doing it all to delay the processing of H-1B visa applications by creating more and more hurdles in the processing. Even the process of renewing the popular foreign H1-B visa is toughened.

Well, 59% of the applications of the H-1B visas have been processed and nothing can be said as to how many more applications will be processed by the end of this year. In the fiscal year of Obama’s era, 89% of the H-1B visa applications were processed and issued.

It is not clear whether there will be a major impact on the number of H-1B visas issued by the end of the year but it is evident that objection is being issued over a huge number of H-1B visa applications which is forcing many companies to go for outsourcing as the required personnel is not available in the United States and if the companies cannot bring in the foreign talent in the states the only way is to outsource and hire the required skilled workers.

F-1 Visas and their Transition to H-1B Visas

F-1 Visas and their Transition to H-1B Visas

Students from all around the world dream about getting F-1 Visas for studying in the United States because there are excellent academic programs offered, resourceful libraries and career-minded learning opportunities. According to studies carried out in 2016, the number of international students that attended universities and colleges in the United States rose to 1.2 million. Majority of the students come from the Middle East Countries such as; India, Korea, Pakistan and many more.

Indian students coming to US

The number of Indian students studying in the universities of US is very high. The reason for the high percentage of Indian Students in the United States is that the visa policies in the UK have become harsh. This makes many students choose US over UK. At present, there are 1.6 million STEM students are allowed to stay in the US for three more years after they graduate for their training and job search. The most common visa’s the students receive is the F-1. The F-1 visas are for full-time students in high schools, universities, and colleges of the United States or are enrolled in the language training programs. Many Indian students are studying in the US on F-1 visas dues to its packages. The offers are; financial support from any source is acceptable, for working on-campus the student does not require a work permit, permission for Curricular Practical Training granted to students during their programs for internships or job, for a period of 12 months the student is permitted to work for Post-Degree Optional Practical Training employment. And for the STEM students, the OPT extension for an additional 24 months is possible.

Transition from F-1 Visas to H-1B Visas

According to studies, the number of Indian students interested in STEM fields is increasing gradually. Unfortunately, with an F-1 visa, a student cannot stay in the United States after the 12 months permitted by OPT or 24 months permitted through the STEM extension. This is where the H-1b visas come in. If some employers wish to employ international workers for a long term in their company, they can help their employees with the H-1b visas.

The transition to H-1b is as follows; a person holding a J-1 visa has to make the change to F-1 visa and then the person will be eligible for an H-1b visa. A student who holds the J-1 visa is allowed to change J-1 status to F-1 status, only if he/she wants to pursue studies as a full-time academic student.

Work Visas Starts YouTube Channel to Profile H-1B Success Stories

Work Visas Starts YouTube Channel to Profile H-1B Success Stories

We’re pretty excited these days.  Our software is only a few weeks away from being tested and approved for launch.  Then we are in that glorious time that all software one day wants to be, in production.  We get to ship.  And that’s awesome.  We love that our methods and systems will help employers manage and apply for the best global talent.  We are going to engage in “outbound” marketing to find the right employers.  We need the YouTube channel for demos that we can show to our talent and our employers.

However, we want to be able to offer something for the H-1B visa holders.  We want to raise their profile in the community so that people realize the value that immigrants bring to the US economy.  We need to hear your story.  We are going to tell your story.  Please contact us.  You can do so in the comments below, on our facebook page, which probably directed you to this post, or on our YouTube channel.

See H-1B Success

That’s pretty much it.  We are doing this because we want to welcome the F-1 students in STEM into the US job force to keep America’s competitive advantage in technology.  So we will post some tutorials on there, but mostly we want to highlight H-1Bs in the workplace.  How they are helping America, for what employers, and who they are.  We sincerely believe that America is open for all people, but especially the world’s best and brightest.

Let us know about your story and we will publish it to raise the profile of H-1B visa holders.  Yay!!  Where’s the emojis?  Maybe if we update this on our iPhones we can replace this with a line of emojis.  Either way, tell us about you so we can tell your story on YouTube.  H-1Bs are doing great work all across America, but many people do not appreciate this enough.

 

StartUp Visa Rules Finalized

StartUp Visa Rules Finalized

A Startup Visa may be just the thing for Silicon Valley.  Actually, startups have sprouted from coast to coast in the United States.  A startup visa enables these young companies to have the world’s best and brightest on their team.  Everyone knows that the team is the most important factor contributing to a startup’s success.  Having an immigrant on the team can lead to huge successes.

immigrants create one in four tech startups

Innovative foreign-born entrepreneurs are super important to the U.S. economy.  Immigrants founded roughly one in four STEM startups between 2006 and 2012.  In June of 2013 publicly traded immigrant founded companies had a combined market cap of over $900 billion dollars.  The stock market is over 30% higher now than in June of 2013, so the immigrant founded businesses are worth over $1 trillion dollars today.

According to data released by the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS),  only 2,940 entrepreneurs will qualify for startup visas each year. That number pales in comparison to the 85,000 annual H-1B visas. USCIS published its final rule for startup visas, also called entrepreneur visas, on January 17, 2017.  DHS issued the visas under its discretionary parole authority to enhance entrepreneurship, innovation and job creation in the United States.

The details of the startup visa limit the number of foreign born founders to only three per start up.  PayPal, for example, had six founders.  Only one was American.  Tech startups reflect the STEM education landscape, which is mostly foreign born.  50% of Google’s founders are foreign born (of course there were only 2).  The restrictions on the startup visa do not stop with the limits on how many of the founders are foreign born.

The startup visa provides a temporary stay of thirty months, with possible extension  of another 30 months.  This is one year less than the H-1B visa, which lasts up to six years.  Facebook did not go public until eight years after it was founded.  Snapchat only took five years.  And these are a bad example of a startup because of how wildly successful they have been from the start.  Most of these visa holders may be forced to return home before their startup can really take off.

The startup visa makes a number of assumptions as well.

The applicant must prove that the startup the foreign entrepreneur owns has a substantial potential for rapid growth and job creation.  The vast majority of startups do the exact opposite.  Amazon employs many people, but they grew their base by taking retail jobs from other companies.  Uber employees many drivers, which took market share from taxicabs.  Both these companies are working toward more automation.

Price Waterhouse Cooper estimates that by the 2030s upward of 40% of American workers may lose their jobs to robots.  What if the startup made these robots?  Would it qualify for the startup visa?  Probably not because to get the visa the applicant must prove that his or her stay will provide a significant public benefit to the U.S.  The applicant must also prove that the startup has received a significant investment of capital from qualified U.S. investors with established records of success.  So this hypothetical robot startup would attract a lot of capital because of its ability to disrupt almost 40% of the workforce, but run smack into the problem of being a significant detriment to the U.S workforce.

Meanwhile, the robot startup could have structured its corporate governance to provide for the founder to be an employee, then entered three H-1B visa applications for the founder for the various roles that he played at the company into the H-1B lottery that has approximately 33% chance of getting the work visa.  The company incurs three application fees of approximately $1,200 instead of just one fee for the startup visa.  However, the company may save on attorney fees because H-1B applications do not require the hoops that the startup visa does.  The startup benefits with an extra year of having the founder legally work in the United States, plus dual intent so founder can pursue the permanent residence process.

 
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Harvard Business Review on Hiring Overseas Data Scientists

Harvard Business Review on Hiring Overseas Data Scientists

High tech talent is in such high demand that the Harvard Business Review has published an article on how to hire data scientists from outside of the United States.

The H-1B visa that we concentrate on is profiled.  The article explains the lottery system, average filling fees, legal fees, and the recent scrutiny among certain applications.  Back in the day (the day being before 2010), any foreign national with at least a Bachelor’s Degree was considered sufficiently specialized to qualify for the H-1B application.

As the Harvard Business Review article pointed out, the H-1B visa is limited only to “specialty occupations.”  This means that the H-1B is the most exclusive work visa as its recipients are highly educated and skilled.  Today, the USCIS routinely allows people with bachelors in IT, engineering, accounting or the sciences to be considered “specialty occupations.”

Be warned that majors in business, marketing, public relations and the artistic fields receive far heavier scrutiny from the government when considering the “specialty occupation” status.  So if you’re still an OPT student on an F-1 Visa, do yourself a favor and pick up a second major.  Math, Computer Science, any science, or accounting, will help you in the future to be considered a “specialty occupation.”

The real shenanigans with the H-1B system does not merely have to do with the annual lottery that places the odds of getting the visa at approximately 33%, certain countries actually get quotas!  The H-1B1 visa allows 6,800 people from Singapore and Chile to get the H-1B visa.  This quota has never been reached!  The H-1B1 visa is a subset of the H-1B set, meaning that the 6,800 arise out of the whole 65,000 H-1B visa openings each year.

Of course, this math omits the 20,000 H-1Bs set aside for people with master’s degrees or greater.  So if you miss the H-1B visa, consider going back for your master’s.  In fact more than half of all computer science doctorates, and all other STEMs doctorates, earned in the United States are awarded to people from another country.  Thus, they are not only smart, but also more able to stay and work in the United States.