The Arizona Republic

‘Panic’ as last-minute H-1B visa measures hit

Because of the timing, it’s too late to change applicatio­ns for 2018

- Elizabeth Weise @eweise USA TODAY

A shakeup of the controvers­ial visa program that allows foreigners in specialty occupation­s to temporaril­y work in the United States hit just as the brief annual window to apply for the coveted visas opened — too late to amend applicatio­ns, lawyers say.

The Department of Homeland Security on Monday announced new measures to “deter and detect” fraud and abuse in the H-1B visa program while the Departpati­ons ment of Justice issued a warning to employers not to discrimina­te against Americans.

These warnings followed a United States Citizenshi­p and Immigratio­n Services memo Friday that it would no longer consider entry-level computer programmin­g positions as specialty occupation­s that potentiall­y automatica­lly qualify for the visa.

“It’s a bit strange to have this so-called guidance go out as people have already prepared papers,” said Ted Ruthizer, partner and co-chair of the law firm Kramer Levin’s business immigratio­n group. “It’s set off a panic among employers and foreign nationals around the country,” he said.

H-1B visas are granted to allow companies to temporaril­y employ foreign workers in specialty occu- such as science and informatio­n technology and are most commonly used by tech companies seeking computer specialist­s.

Only 85,000 are issued each year and must be filed on paper, via mail. The applicatio­n pool typically is closed within a week because there are so many applicants. Those applicatio­ns began flooding into U.S. Citizenshi­p and Immigratio­n Services on Monday, even as notices about the changes were posted.

Given the timing of the notices, it is too late for applicatio­ns for 2018 to be changed, said Mark Koestler, also a partner at Kramer Levin.

“Even if you wanted to redo anything because of this memo, you don’t have time to because the Department of Labor piece of the applicatio­n, which has to be done prior to submission, takes seven days,” he said.

Monday’s new measures focus on agents making more site visits to employers to combat visa fraud.

“The Justice Department will not tolerate employers misusing the H-1B visa process to discrimina­te against U.S. workers. U.S. workers should not be placed in a disfavored status, and the department is wholeheart­edly committed to investigat­ing and vigorously prosecutin­g these claims,” acting assistant Attorney General Tom Wheeler of the Civil Rights Division said in a statement.

The immigratio­n agency will focus especially on companies considered “H-1B dependent,” meaning 15% or more of their workers are on H-1B visas.

The visa program long has been controvers­ial, with some complainin­g that companies use them to hire cheaper tech labor, often from India, while qualified Americans are passed over. President Trump has vowed to end the system, which he says doesn’t protect American workers.

 ?? BILL PUGLIANO, GETTY IMAGES ?? President Trump has vowed to end the H-1B visa system, which he says doesn’t protect U.S. workers because companies can hire cheaper labor from places such as India.
BILL PUGLIANO, GETTY IMAGES President Trump has vowed to end the H-1B visa system, which he says doesn’t protect U.S. workers because companies can hire cheaper labor from places such as India.

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