The Mercury News Weekend

High demand expected for limited H-1B visas

Immigratio­n law firms predict tough competitio­n despite the plan’s uncertain future

- ByQueenieW­ong qwong@bayareanew­sgroup.com

The competitio­n for a limited amount of H-1B visas — which many Silicon Valley tech firms use to temporaril­y bring in skilled foreign workers — is expected to heat up this year despite efforts by the Trump administra­tion to overhaul the program.

“Volume is expected to be high again this year, in part because of the usual factors such as skills shortages, a strong economy and low unemployme­nt,” wrote Berry Appleman & Leiden, an immigratio­n law firm, in a newsletter this week.

Silicon Valley companies, including Google, Apple and Intel, argue they need the visas to hire highly skilled foreign tech workers they can’t find in the United

States. These companies also contract with informatio­n technology workers from Indian outsourcin­g firms such as Infosys, WiPro and TechMahind­ra, which receive the bulk of approved H-1B visas.

But the visaprogra­mhas also faced criticism, including from lawmakers, that it’s being abused and used to displace American workers with cheaper foreign labor

Even so, the nation’s robust job market can make it tough to find enough American workers to fill many roles that require special skills, attorneys say. That means many companies could be clamoring for H-1B visas again this year.

Law firm Morgan Lewis wrote this month that it’s expecting high demand for H-1B visas this year because of “an improving economy and an increasing demand for qualified workers, especially in the financial services and informatio­n technology industries.”

Some employers also might be planning to file H-1B applicatio­ns this year before anticipate­d changes to the program.

“While the Trump administra­tion has signaled that changes to the H-1B program are in the works, it does not appear likely that the administra­tion will have time to make substantia­l changes to the H-1B filing or allocation process before fiscal year FY2019 cap season begins,” wrote Berry Appleman & Leiden.

On April 2, U. S. Citizenshi­p and Immigratio­n Services will start accepting applicatio­ns for a limited number of H-1B visas, which have an annual cap of 85,000. The agency uses a computer-generated lottery to select enough petitions to meet the limit, which is typically reached days after the filing period starts.

The Trump administra­tion and lawmakers have signaled that the program could face an overhaul.

In April, the president signed an executive order called “Buy American, Hire American” that asked federal agencies “to suggest reforms to help ensure that H-1B visas are awarded to themost-skilled or highestpai­d petition beneficiar­ies.”

Meanwhile,.U.S. lawmakers have been moving forward with a bill that’s expected to make it harder for outsourcin­g firms to bring highly skilled foreign workers to the United States.

This week, though, Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) said it was unclear whether efforts to overhaul theH-1B visa program “have reallymove­dthe needle when it comes to protecting American workers.”

“American workers are increasing­ly at risk because the United States admits so many foreign workers,” saidGrassl­ey, whohas been a long-time critic of the visa program, during a committee hearing.

Last year, USCIS received 199,000 H-1B petitions during the filing period. Although it received far more applicatio­ns than the number of visas available, that marked a 16 percent drop compared to the 236,000 H-1B petitions the agency received around the same period in 2016.

Law firms are advising employers to prepare for the upcoming lottery season by finalizing job offers for potential H-1B employees who plan to start work on Oct. 1, collecting documents and exploring alternativ­es to the temporary work visa.

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