It Is Difficult for U.S. Businesses to Hire Highly Skilled Foreign Workers.
2014 saw a significant barrier for over 40,000 highly skilled workers that received the bad news that their H-1B petition would not even be reviewed by USCIS because USCIS received approximately 125,000 H-1B applications for 85,000 spots. One petition filed was a petition for a student that was on the practical training part of her student visa. Despite the fact that she spent over $200,000 in tuition here and had a Master’s degree, she would have been forced to return to her country if she did not get the H-1B Visa. Even though the H-1B cap is often used up, Congress has been reluctant to increase the cap to levels that would accommodate a sufficient number of foreign workers.
A lead obstacle with the current H-1B system is the fact that the filing fees alone run over $5,000 and a company that sponsors an H-1B applicant has to pay to return them to their home country if employment terminates. Moreover, there are significant H-1B documentation and compliance requirements that are imposed by the Department of Labor that add a fair amount of administrative burden to enterprises.
In an editorial in The Washington Post,Facebook founder and CEO Mark Zuckerberg wrote:
Why do we kick out the more than 40 per cent of math and science graduate students who are not U.S. citizens after educating them? Why do we offer so few H-1B visas for talented specialists that the supply runs out within days of becoming available each year, even though we know each of these jobs will create two or three more American jobs in return?
Foreign nationals enter the United States temporarily for a variety of business‑related activities. These individuals include business visitors, intra-company transfers, Canadian and Mexicans covered by NAFTA, religious workers and artists and entertainers, to name a few.
For businesses, time and money are assets not to be lost when working to recruit or move human resources from abroad. Recent immigration reform touches on some of these issues sensitive to corporate practices, but navigating these waters is still difficult with various obstacles blocking the path of business immigration. In order to remain competitive in an ever-evolving global market, companies both big and small deal with these issues on a daily basis.
The RGP team’s immigration practice emphasizes the efficient and flexible handling of immigration matters while working cooperatively with our clients’ human resources and corporate legal staff. We are able to handle routine cases on an efficient basis.
Contact us for a free consolation and to learn more about how we can act as, or assist, your corporate legal team in all matters related to business immigration.