There has been a marked increase in denials and Requests for Evidence (RFE’s) in H-1B cases. This has led to delayed employee start dates, decrease in business productivity, increase in cost & burden on employers, and staffing uncertainty for everyone involved. Compete America is a coalition of numerous US employers across many industries, including Amazon.com, Cisco, Deloitte, Facebook, Google, IBM, Microsoft, Accenture, and Walmart. Frustrated with the denial and RFE trend, Compete America recently sent the attached letter to the Secretary of the US Department of Homeland Security. It outlines the new and common reasoning cited by the USCIS to challenge H-1B cases and states that the “shifts in agency action” and “changes [in its] approach” were “unannounced”, “unexplained”, and apply standards that are not within the current federal regulations. The letter explains these current USCIS obstacles, such as challenging cases with a lower wage and requiring that the H-1B job only require a single, exclusive degree (as opposed to allowing for alternate fields of study). They call upon the USCIS to review these practices and clarify its position as to standards for H-1B eligibility. We await USCIS’ response and will forward any clarifications issued.
If you have any questions about this e-alert, please contact Berin Romagnolo.
This Alert is provided for information purposes only, and does not constitute legal advice. According to Mass. SJC Rule 3:07, this material may be considered advertising. ©2018 Posternak Blankstein & Lund LLP. All rights reserved.
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