What You Need to Know About the Future of H-1B Visas
Posted November 19th, 2019
The H-1B visa program creates opportunities for workers and companies. Foreign professionals get a chance to become a part of the American workforce, while businesses can access talent that may otherwise be difficult to locate.
However, the H-1B visa program is also complex and changes often. If you are wondering about the future of the H-1B visa program, here’s what you need to know.
Additional Scrutiny
Over recent years, H-1B visa applications have increasingly been put under a microscope. Some critics of the current program have discussed a handful of companies who managed to find ways to take advantage of the system as reasoning for additional scrutiny. A few businesses have used the H-1B visa program to bring in cheaper foreign labor instead of using it how it was intended, leading officials to push for changes to address the shortcomings of the H-1B visa program.
During the past five years, the approval rate for I-129 petitions has fallen as a result of the alterations in the program. It was further influenced by changes to the petition selection process.
Lottery Order
Today, the H-1B visa program features two lotteries, and the order in which they are used has recently been reversed. Now, USCIS begins by choosing petitions that are eligible for advanced degree exemptions. Anyone who doesn’t qualify is then shifted to the standard pool, which is used second.
It’s possible that the reversal will reduce the number of opportunities one may find to abuse the H-1B visa program. There is a higher chance that applicants with advanced degrees will be chosen using this approach, creating a significant change in the selection paradigm.
Reduced Costs
In 2021, a new rule will go into effect that could reduce certain H-1B visa program costs. First, applicants will have to register electronically before submitting a full application and supporting documents. This reduces the administrative burden many employers would experience, creating a potential cost savings. Additional costs may also decline, though by exactly how much may not be clear until the new rule formally goes into effect.
Rising Demand
There is a strong chance that employers will be dealing with increased competition in the coming years. While the economy has been growing, unemployment is shockingly low. A labor shortage could cause a larger number of companies to look toward the H-1B visa program to find the skillsets and candidates they need.
As competition for H-1B visas rises, companies will need to be diligent when trying to land an H-1B visa holder for a position. Being able to definitively demonstrate a need and effectively prove its position will be critical. Otherwise, a business may not get approved.
It’s important to note that the future of the H-1B visa program is, to a degree, uncertain. The current administration could institute additional changes. Plus, the result of the presidential election in 2020 could lead to other shifts, depending on whether someone new takes office or not.
If you’d like to learn more about the H-1B visa program, the professionals at Bayside Solutions can help. Contact us with your questions today and see how our H-1B visa expertise can benefit you.
