San Francisco Chronicle

Big rise in denial of visas under Trump

Thousands rejected or delayed as scrutiny of applicatio­ns rises

- By Trisha Thadani

Foreigners who were once considered solid candidates for an H-1B visa — those with multiple degrees, high salaries offered by major tech companies and, in at least one case, an actual rocket scientist — are receiving extra scrutiny and delays on their applicatio­ns.

Thousands are also getting denied, prompting them to go home or revise their career plans.

More than twice as many H-1B applicatio­ns were rejected in November compared with the same time last year, according to U.S. Citizenshi­p and Immigratio­n Services data provided to The Chronicle. The newly reported data show that the administra­tion is acting on its promise to curtail a work program for foreigners that it says is rife with loopholes and abuse.

Immigratio­n officials have ramped up their scrutiny of the visas through “requests for evidence,” documents that demand employers offer further proof of

why the applicant deserves a visa.

According to the data, 17.6 percent of completed H-1B applicatio­ns — meaning they were reviewed by the government — were denied in November. This compares with 7.7 percent in November 2016. From August to September, the proportion of challenged applicatio­ns more than doubled to 37.9 percent. By November, nearly half received the evidence requests.

“After the Trump team got settled in, the number of requests for evidence shot up dramatical­ly and the approval rates for H-1Bs started to decline,” said Stuart Anderson, executive director of National Foundation for American Policy, a nonpartisa­n research organizati­on, who reviewed the data provided to The Chronicle.

The immigratio­n agency’s director, Lee Francis Cissna, said in a statement that the increase in requests for evidence “reflects our commitment to protecting the integrity of the immigratio­n system.”

“We understand that (requests for evidence) can cause delays, but the added review and additional informatio­n gives us the assurance we are approving petitions correctly,” he said.

Even after immigratio­n lawyers answer the requests — often with detailed explanatio­ns that can spill well over 100 pages — there seems to be no pattern for who is accepted and who is denied, say dozens of attorneys, employers and visa applicants.

Frida Yu, 34, is a Chinese citizen with an master’s in business from Stanford, two law degrees, and four years of work experience at a “top internatio­nal firm” in Hong Kong. She planned to work for a Bay Area startup as a financial analyst. After being chosen in the lottery, she got a request for evidence in July. Three months later: denied. Hong-Kit Wong, 25, also from China, has a bachelor’s degree from Berkeley and two internship­s at major tech companies. Much to his surprise, he was accepted — unlike more than a dozen of his friends who he said weren’t as lucky.

“I don’t feel like I am any more qualified than them,” he said at a cafe on Mission Street across from the startup office where he now works in San Francisco. “It seems like I just got lucky.” Wong didn’t receive a request for evidence.

There are many reasons an applicatio­n might be approved and another rejected, ranging from the proposed salary, the employer’s history and the applicant’s education level. H-1B visas are reserved for “specialty occupation­s,” which means a job that requires at least a bachelor’s degree.

But what’s new, experts say, is not only the volume of requests but also the nature of them: “We’re seeing denials on applicatio­ns that we’ve gotten approved for the last 20 years,” said William Stock, president of the American Immigratio­n Lawyers Associatio­n.

Lawyers say they’ve had to justify why positions like a financial analyst or data scientist requires a college degree. Other requests repeat questions asked in the original applicatio­n.

Ellen Krengel, an immigratio­n attorney, was asked to justify a visa for a rocket scientist: “It’s frustratin­g when you have a case that before would have been a slam-dunk approval and then to get this type of query.” Her client ultimately got a visa.

Government data show that despite the higher denial rate, most applicatio­ns get approved. Zendesk, the San Francisco software company, said all of its H-1B petitions that received requests for evidence this year were accepted, and immigratio­n lawyers around the country report similar success.

On Thursday, the Trump administra­tion published a list of legislativ­e priorities for the coming year that included changing the definition of who qualifies for an H-1B visa.

But absent legislativ­e action, those who wish to see changes in the program see the increase in requests for evidence as a sign that the administra­tion is making good on its promise.

“One of the benefits of closing loopholes and removing bad actors is that more startups and tech companies will have a higher probabilit­y of winning the lottery system,” said Manan Mehta, a founding partner of Unshackled Ventures, a venture-capital firm that supports foreign-born entreprene­urs. Mehta says he values immigratio­n but supports H-1B reforms.

But regardless of how many applicatio­ns are getting approved, experts say the increased scrutiny is deterring companies and foreigners from using the program.

Dean Garfield, president and CEO of the Informatio­n Technology Industry Council, which represents major tech companies such as Facebook, Google and Apple, said his members are reconsider­ing their use of the program.

For multinatio­nal companies, he said, that might not mean hiring American; it might mean hiring overseas.

“The concern is that the H-1B process will be even more cumbersome than it already is,” Garfield said. “Companies will not fill roles that would otherwise contribute to the economy, or fill those roles outside of the U.S.”

Caught in the middle are applicants who had set their sights on working here.

Atul, an Indian citizen who works at a major Bay Area tech company and declined to provide his last name because his visa applicatio­n is pending, said he cannot take on any long-term projects or travel overseas while he waits for an answer.

“I’ve been here 5½ years of my life,” he said. “And once it’s rejected, you don’t have much time. You suddenly have to leave.”

“We’re seeing denials on applicatio­ns that we’ve gotten approved for the last 20 years.” William Stock, president, American Immigratio­n Lawyers Associatio­n

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