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The H-1B visa program is often viewed as an opportunity. For foreign professionals, it’s a chance to join the American workforce for a period and may pave the way for permanent residency. For companies, the H-1B visa program gives them access to skillsets that may not be readily available in their area, particularly in in-demand niches and while unemployment remains low.
However, the H-1B visa program is also surrounded by ambiguity. The Trump administration has outlined its vision for a “merit-based” immigration system; an approach that seems to align with the H-1B process. But the H-1B visa program has also been criticized by the administration, creating a level of confusion regarding its future.
As companies consider to struggle to secure various forms of talent they need to thrive, the level of uncertainty can be frustrating. In order to determine what you can expect from the H-1B visa process in 2020, it’s helpful to examine the recent past for indications of how it may unfold going forward.
Increased Scrutiny
H-1B visa applications have been subjected to increased scrutiny over recent years. Critics of the program point to various companies that found methods for taking advantage of the system, allowing them to bring in foreign workers who will work for smaller salaries and may not be the highly skilled professionals the program was designed to locate and make available.
The approval percentage of I-129F petitions has been declining over the past five years, a reflection of various changes in the H-1B visa program that were intended to correct shortcomings in the process. Additionally, a change to the petition selection process has also had an impact.
Lottery Order
The H-1B visa program is comprised of two lotteries. Today, USCIS chooses petitions that qualify for advanced degree exemptions. Those who do not fall in that category are placed in the standard pool, which is then evaluated.
This approach is a reversal of the previous order of consideration. As a result, there is a higher chance of individuals with advanced degrees being selected. This may mitigate the amount of abuse in the system, effectively altering the paradigm.
Cost Reductions
A new rule is set to become effective in 2021 that will make it mandatory for applicants to register electronically before they submit a full application and any supporting documentation. While this change isn’t due for 2020, it does reflect a transition that will likely reduce certain costs.
The documentation burden placed on employers will diminish, which can result in savings based on the reduced administrative requirements. Other costs will also fall, which may affect company budgets in a positive way.
Increased Demand
Employers will likely have to face increased competition in 2020. The American economy has been growing, and unemployment – particularly in the tech sector – has remained near record lows. The skilled labor shortage may lead more companies to turn to the H-1B visa program in hopes of finding the talent they require. As a result, companies will need to clearly demonstrate their needs and effectively prove their position if they want to secure an H-1B visa holder to fill a vacancy.
It’s important to understand that additional changes could be on the horizon, predominately depending on how the current administration manages the program. The result of the upcoming presidential election could also play a role beyond 2020, as someone new may or may not take office.
Speak with Our Knowledgeable Team at The Armada Group About Our H-1B Program Expertise
If you would like to learn more H-1B visas, the team at The Armada Group can help. Contact usto speak with one of our knowledgeable staff members today and see how our H-1B visa program expertise can benefit you.
