More internationals interested in temporarily working in the United States in fields such as technology, law, architecture, etc., have been permitted to do so, as the approval rate for H-1B visa, which offers such possibilities for internationals, has increased during this year.
According to a report published by the Economic Times, the approval rates for H-1B visas issued by the US administration in the quarter to June as well as in the first three quarters of the US fiscal year were 98.1 percent and 97 percent, respectively, VisaGuide.World reports.
Such figures reveal that compared to 2018 and 2019 figures when the approval rate was 84 percent, in 2021, there has been marked a significant increase.
During the Trump administration, the approval rate was much lower, as the United States Citizenship and Immigration Services (USCIS) asked for additional documents causing difficulties for applicants and companies while rejecting a higher number of applications.
Many organizations, and even a recent analysis of the National Foundation for American Policy (NFAP), had pointed the finger at the Trump’s administration for such a decrease in the number of approval rates due to policies that brought many difficulties for employers to bring internationals through the H-1B visa to work in the US.
However, the NFAP report showed that judicial decisions that confirmed the involvement of the Trump administration in unlawful actions and the changes to restrictive immigration policies have positively impacted H-1B denial rates for businesses from the fourth quarter of FY 2020.
In this regard, Nandini Nair, partner at Greenspoon Marder, a law firm, told the Economic Times that many factors impacted the increase in the H-1B approval rates.
“There are multiple reasons for lesser RFEs (request for evidence) and a higher rate of approvals including change in the administration, the reinstatement of the deference policy, and of course the ITServe decision as it pertains to IT staffing companies. The environment for legal immigration has gotten better in the past six months,” Nair pointed out.
Last year, the USCIS revoked two policy memos related to the decisions of some H-1B visa positions following a settlement with the IT industry body, IT Serve Alliance.
Such decision came after the US district court urged the agency to scrap the so-called “Neufeld Memo” used since 2010, but performed more roughly by the administration of the Former President Trump, which together with another memo brought many difficulties for companies and applicants while leading to an increase in the H-1B denial rates, especially for IT services companies.
Even though the“Neufeld Memo” was used since 2010, the figures published by the National Foundation for American Policy showed that denial rates for H-1B applications for initial employment were between 5 percent to 8 percent during the fiscal year 2010 to the fiscal year 2015.
Such figures show that the denial rate was much lower compared to the Trump’s administration denial rates figures.
Authorities in the United States issue 65,000 H-1B visas and another 20,000 every year in order to reach the Congressionally-mandated cap.
However, some immigration experts believe that the visa application process needs new changes. In this regard, Nair said that the registration system needs to be changed.
“I fundamentally believe that the registration system needs to be modified or revised as it has allowed for many to game the system and take away opportunities for others…. In fact, I believe the lottery system should be completely taken away, and United States employers should be allowed to file anytime during the year when they have need,” Nair told the Economic Times.
She said that “we are in a labor shortage in the US,” and removing this lottery system would be helpful to the US economy.